The Supreme Court of
Pakistan
There
is a Supreme Court in Pakistan and a High
Court in each province, and other courts
exercising civil and criminal jurisdiction.
The Supreme Court and High Courts have been
established under the Constitution and other
Courts have been established by or under the
Acts of Parliament or Acts of Provincial
Assemblies. The Constitution also provides
for the office of Ombudsman. Judiciary
Supreme Court The Supreme Court is at the
apex of the judicial systems of Pakistan. It
consists of a Chief Justice known as Chief
Justice of Pakistan and such number of other
judges as may be determined by the Act of
Parliament. At present, besides the Chief
Justice, there are thirteen other Judges in
the Supreme Court. Appointment of Supreme
Court Judges The Chief Justice of Pakistan
is appointed by the President. Other Judges
are also appointed by the President after
consultation with the Chief Justice. A
person is eligible to be appointed as a
Judge of the Supreme Court if he is a
citizen of Pakistan and has been a Judge of
a High Court for five years or an advocate
of a High Court for fifteen years. The Chief
Justice and Judges of the Supreme Court hold
office until the age of sixty-five.
Jurisdiction
The Supreme Court has original, appellate
and advisory jurisdiction. Original
Jurisdiction.- The Supreme Court, to the
exclusion of every other Court in Pakistan,
has the jurisdiction to pronounce
declaratory judgments in any dispute between
the Federal Government or a provincial
government or between any two or more
provincial governments.
The Supreme Court, if it considers that a
question of public importance, with
reference to the enforcement of any of the
Fundamental Rights ensured by the
Constitution of Pakistan is involved, it has
the power to make any appropriate order for
the enforcement of fundamental rights.
Appellate Jurisdiction. The Supreme Court
has jurisdiction to hear and determine
appeals from judgments, decrees, final
orders or sentences passed by a High Court,
the Federal Shariat Court and the Services
Appellate Tribunals. An appeal to the
Supreme Court can be made as a matter of
right for certain cases while for the rest
the Court hears an appeal with its prior
permission. Advisory Jurisdiction. It, at
any time, the President considers that it is
desirable to obtain the opinion of the
Supreme Court on any question of law which
he considers of public importance, he may
refer the question to the Supreme Court for
consideration. The Supreme Court considers
the question so referred and reports its
opinion on the question to the President.
Seat of the Supreme Court The permanent seat
of the Supreme Court is at Islamabad, but it
also runs circuits at Lahore, Karachi,
Peshawar and Quetta. Transfer of Cases The
Supreme Court may, if it considers expedient
to do so in the interest of justice,
transfer any case, appeal or other
proceedings pending before any High Court to
any other High Court. General The practice
and procedure of the Court is regulated by
the rules made by the Court. All executive
and judicial authorities throughout Pakistan
are required to act in aid of the Supreme
Court. Any decision of the Supreme Court to
the extent it decides a question of law or
is based upon or enunciates a principle of
law is binding on all courts in Pakistan.
The Supreme Court has the power to review
any judgment pronounced but it or any order
made by it.