The high courts
192.
(1) A High Court shall consist of a Chief
Justice and so many other Judges as may be
determined by law or, until so determined,
as may be fixed by the President.
[(2) The Sind and Baluchistan High Court
shall cease to function as a common High
Court for the Provinces of Baluchistan and
Sind.
(3) The President shall, by 0rder, establish
a High Court for each of the Provinces of
Baluchistan and Sind and may make such
provision in the Order for the principal
seats of the two High Courts, transfer of
the Judges of the common High Court,
transfer of cases pending in the common High
Court immediately before the establishment
of two High Courts and, generally, for
matters consequential or ancillary to the
common High Court ceasing to function and
the establishment of the two High Courts as
he may deem fit.
(4) The jurisdiction of a High Court may, by
Act of [Majlis-e-Shoora (Parliament)], be
extended to any area in Pakistan not forming
part of a Province.
193.
(1) A Judge of a High Court shall be
appointed by the President after
consultation-
(a) with the Chief Justice of Pakistan;
(b) with the Governor concerned; and
except where the appointment is that of
Chief Justice, with the Chief Justice of the
High Court.
(2) A person shall not be appointed a Judge
of a High Court unless he is a citizen of
Pakistan, is not less than [forty-five
years] of age, and-
(a) he has for a period of, or for periods
aggregating, not less than ten years been an
advocate of a High Court (including a High
Court which existed in Pakistan at any time
before the commencing day); or
(b) he is, and has for a period of not less
than ten years been, a member of a civil
service prescribed by law for the purposes
of this paragraph, and has, for a period of
not less than three years, served as or
exercised the functions of a District Judge
in Pakistan; or
(c) he has, for a period of not less than
ten years, held a judicial office in
Pakistan.
[Explanation.-In computing the period during
which a person has been an advocate of a
High Court or held judicial office, there
shall be included any period during which he
has held judicial office after he became an
advocate or, as the case may be, the period
during which he has been an advocate after
having held judicial office.]
(3) In this Article, "District Judge" means
Judge of a principal civil court of original
jurisdiction.
194.
Before entering upon office, the Chief.
Justice of a High Court shall make before
the Governor, and any other Judge of the
Court shall make before the Chief Justice,
oath in the form set out in the Third
Schedule.
195 Retiring Age-
A judge of the High Court shall hold office
until he attains the age of sixty-two years,
unless he sooner resigns or is removed from
office in accordance with the Constitution.
196.
At any time when-
(a) the office of Chief Justice of a High
Court is vacant, or
(b) the Chief Justice of a High Court is
absent or is unable to perform the functions
of his office due to any other cause,
the President shall appoint [one of the
other Judges of the High Court, or may
request one of the Judges of the Supreme
Court], to act as Chief Justice.
197.
At any time when-
(a) the office of a Judge of a High Court is
vacant; or
(c) for any reason it is necessary to
increase the number of Judges of a High
Court,
the President may, in the manner provided in
clause (1) of Article 193, appoint a person
qualified for appointment as a Judge of the
High Court to be Additional Judge of the
Court for such period as the President may
determine, being a period not exceeding such
period, if any, as may be prescribed by law.
[198.
(1)] Each High Court in existence Sea
immediately before the commencing day shall
continue to have its principal seat at the
place where it had such seat before that
day.
[(2) Each High Court and the Judges and
divisional courts thereof shall sit at its
principal seat and the seats of its Benches
and may hold, at any place within its
territorial jurisdiction, circuit courts
consisting of such of the Judges as may be
nominated by the Chief Justice.
(3) The Lahore High Court shall have a Bench
each at Bahawalpur, Multan and Rawalpindi;
the High Court of Sind shall have a Bench at
Sukkur; the Peshawar High Court shall have a
Bench each at Abbottabad and Dera Ismail
Khan and the High Court of Baluchistan shall
have a Bench at Sibi.
(4) Each of the High Courts may have Benches
at such other places as the Governor may
determine on the advice of the Cabinet and
in consultation with the Chief Justice of
the High Court.
(5) A Bench referred in clause (3), or
established under clause (4), shall consist
of such of the Judges of the High Court as
may be nominated by the Chief Justice from
time to time for a period of not less than
one year.
(6) The Governor in consultation with the
Chief Justice of the High Court shall make
rules to provide the following matters, that
is to say,-
(a) assigning the area in relation to which
each Bench shall exercise jurisdiction
vested in the High Court; and
(b) for all incidental, supplemental or
consequential matters.]
199.
(1) Subject to the Constitution, a High
Court may, if it is satisfied that no other
adequate remedy is provided by law,-
(a) on the application of any aggrieved
party, make an order-
(i) directing a person performing, within
the territorial jurisdiction of the Court,
functions in connection with the affairs of
the Federation, a Province or a local
authority, to refrain from doing anything he
is not permitted by law to do, or to do
anything he is required by law to do; or
(ii) declaring that any act done or
proceeding taken within the territorial
jurisdiction of the Court by a person
performing functions in connection with the
affairs of the Federation, a Province or a
local authority has been done or taken
without lawful authority and is of no legal
effect; or
(b) on the application of any person, make
an order-
(i) directing that a person in custody
within the territorial jurisdiction of the
Court be brought before it so that the Court
may satisfy itself that he is not being held
in custody without lawful authority or in an
unlawful manner; or
(ii) requiring a person within the
territorial jurisdiction of the Court
holding or purporting to hold a public
office to show under what authority of law
he claims to hold that office; or
(c) on the application of any aggrieved
person, make an order giving such directions
to any person or authority, including any
Government exercising any power or
performing any function in, or in relation
to, any territory within the jurisdiction of
that Court as may be appropriate for the
enforcement of any of the Fundamental Rights
conferred by Chapter 1 of Part 11.
(2) Subject to the Constitution, the right
to move a High Court for the enforcement of
any of the Fundamental Rights conferred by
Chapter 1 of Part II shall not be abridged.
[(3) An order shall not be made under clause
(1) on application made by or in relation to
a person who is a member of the Armed Forces
of Pakistan, or who is for the time being
subject to any law relating to any of those
Forces, in respect of his terms and
conditions of service, in respect of any
matter arising out of his service, or in
respect of any action taken in relation to
him as a member of the Armed Forces of
Pakistan or as a person subject to such
law.]
(4) Where-
(a) an application is made to a High Court
for an order under paragraph (a) or
paragraph (c) of clause (1), and
(b) the making of an interim order would
have the effect of prejudicing or
interfering with the carrying out of a
public work or of otherwise being harmful to
public interest [or State property] or of
impeding the assessment or collection of
public revenues,
the Court shall not make an interim order
unless the prescribed law officer has been
given notice of the application and he or
any person authorized by him in that behalf
has had an opportunity of being heard and
the Court, for reasons to be recorded in
writing, is satisfied that the interim
order-
(i) would not have such effect as aforesaid;
or
(ii) would have the effect of suspending an
order or proceeding which on the face of the
record is without jurisdiction.
[(4A) An interim order made by a High Court
on an application made to it to question the
validity or legal effect of any order made,
proceeding taken or act done by any
authority or person, which has been made,
taken or done or purports to have been made,
taken or done under any law which is
specified in part I of the First Schedule or
relates to, or is connected with, [State
Property or] assessment or collection of
public revenues shall cease to have effect
on the expiration of a period of [six
months] following the day on which it is
made, [provided that the matter shall be
finally decided by the High Court within six
months from the date on which the interim
order is made]. ]
(5) In this Article, unless the context
otherwise requires, -
"person" includes any body politic or
corporate, any authority of or under the
control of the Federal Government or of a
Provincial Government, and any Court or
tribunal, other than the Supreme Court, a
High Court or a Court or tribunal
established under a law relating to the
Armed Forces of Pakistan; and "prescribed
law officer" means
(a) in relation to an application affecting
the Federal Government or an authority of or
under the control of the Federal Government,
the Attorney-General, and
(b) in any other case, the Advocate- General
for the Province in which the application is
made.
200.
(1) The President may transfer a Judge of a
High Court from one High Court to another
High Court, but no Judge shall be so
transferred except ' with his consent and
after consultation by the President with the
Chief Justice of Pakistan and the Chief
Justices of both High Courts
[Provided that such consent, or consultation
with the Chief Justices of the High Courts,
shah not be necessary if such transfer is
for a period not exceeding [two years] at a
time.
Explanation.-In this Article, "Judge" does
not include a Chief Justice [but includes a
Judge for the time being acting as Chief
Justice of a High Court other than a Judge
of the Supreme Court acting as such in
pursuance of a request made under' paragraph
(b) of Article 196].]
[(2) Where a Judge is so transferred or is
appointed to an office other than the
principal seat of the High Court, he shall,
during the period for which he serves as a
judge of the High Court to which he is
transferred, or holds such other office, be
entitled to such allowances and privileges,
in addition to his salary, as the President
may, by Order, determine.]
[(3) If at any time it is necessary for any
reason to increase temporarily the number of
Judges of a High Court, the Chief Justice of
that Court may require a Judge of any other
High Court to attend sittings of the former
High Court for such period as may be
necessary and, while so attending the
sittings of the High Court, the Judge shall
have the same power and jurisdiction as a
Judge of that High Court:
Provided that a Judge shall not be so
required except with his consent and the
approval of the President and after
consultation with the Chief Justice of
Pakistan and the Chief Justice of the High
Court of which he is a Judge. ]
[Explanation.- In this Article, "High Court"
includes a Bench of a High Court. ]
(4) A Judge of a High Court who. does not
accept transfer to another High Court under
clause (1) shall be deemed to have retired
from his office and, on such retirement,
shall be entitled to receive a pension
calculated on the basis of the length of his
service as Judge and total service, if any,
in the service of Pakistan.]
201.
Subject to Article 189, any decision of a
High Court shall, to the extent that it
decides a question of law or is based upon
or enunciates a principle of law, be binding
on all courts subordinate to it.
202.
Subject to the Constitution and law, a High
Court may make rules regulating the practice
and procedure of the Court or of any court
subordinate to it.
203.
Each High Court shall supervise and control
all courts subordinate to it.
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