1

LEGAL SYSTEM OF PAKISTAN

SUPREME COURT
 2

SUPREME
COURT
 3

 The Supreme Court of Pakistan is the apex court in

the judicial hierarchy of the Islamic Republic of
Pakistan.
 In the court system of Pakistan, the Supreme Court
is the final arbiter of legal and constitutional
disputes as well as final interpreter of constitutional
law, and the highest court of appeal in Pakistan.
 The Supreme Court is incorporated of Chief Justice
of Pakistan, 16 justices and two ad hoc.
 4

 Article 175 (1):- There shall be the Supreme Court of Pakistan.

 Article 176:- The Supreme Court shall consist of a Chief Justice to
be known as the Chief Justice of Pakistan.
 Article 178:- The Chief Justice of Pakistan shall take oath before
the President and Other Judges will take oath before the Chief
Justice of Pakistan.
 Article 179:- The retiring age of the Judge of Supreme Court is 65
years.
 Article 180:- When the seat of Chief Justice is vacant, the most
senior judge would be appointed as Acting Chief Justice by
President.
 5

 Article 6 (2A):- The Supreme Court can not validate the act of
high treason for any persons who abrogates constitution.
 Article 183 (1):- The permanent seat of Supreme Court shall be at
Islamabad.
 Article 205:- A judge of Supreme Court can pay a written
resignation to President.
 6

Eligibility Criteria of Judges of Supreme Court:-

Article 177 (2):- A person shall not be appointed a Judge
of the Supreme Court unless:-
1. He is citizen of Pakistan.
2. He has an experience of Minimum 5 years as a Judge of
High Court.
3. He has an experience of Minimum 15 years as a
Advocate of High Court.
 7

Appointment of Judges of Supreme Court:-

 Article 175A (1):- There shall be a Judicial Commission of
Pakistan for appointment of Judges of the Supreme Court.
 Article 175A (2):- The Judicial Commission shall comprise of:-
a. Chief Justice of Pakistan
b. 4 most senior judges of Supreme Court
c. Former Chief Justice or Judge of Supreme Court
d. Federal Minister of Law & Justice,
e. Attorney General for Pakistan
f. A Senior advocate of Supreme Court
 8

Selection Process of Judges of Supreme Court:-

 The nomination of justices in the Supreme Court comes from an
executive selection made by the Prime Minister based on judges'
merited qualifications, personal intellectualism, and experiences
as judge in high courts.
 The President then confirms the nomination summary and
eventually appoints the Chief Justice and judges in the Supreme
Court.

 Article 177 (1):- “The Chief Justice of Pakistan and each of the other
judges of the Supreme Court shall be appointed by the President.”
 9

Powers of Supreme Court as per Constitution:-

 Article68:- No discussion shall take place in Parliament with
respect to the conduct of any Judge of Supreme Court.
 Article
114:- No discussion shall take place in Provincial
Assembly with respect to the conduct of any Judge of
Supreme Court.
 Article 186 (A):- The Supreme Court have the powers to
transfer any case, appeal pending before any High Court.
 Article 187 The Supreme Court have the powers to issue such
directions, orders or decrees, on matters pending before it.
 10

Powers of Supreme Court as per Constitution:-

 Article188:- The Supreme Court shall have the powers to
review any judgement pronounced.
 Article 189:- Any decision of Supreme Court shall be binding
to all other courts in Pakistan.
 Article190:- All executive and judicial authorities throughout
Pakistan shall act in aid of the Supreme Court.
 Article
191:- The Supreme Court shall have the powers to
make rules regulating the practice and procedure of the
Court
 11

Original Jurisdiction of Supreme Court as per Constitution:-

 Article 184 (1):- The Supreme Court have original jurisdiction
in any dispute between Federal Government and Provincial
Government.
 Article 184 (2):- The Supreme Court shall pronounce
declaratory judgements only.
 Article 184 (3):- The Supreme Court have the power to make
an order for the enforcement of any fundamental right.
 12

Appellate Jurisdiction of Supreme Court as per Constitution:-

 Article 185 (1):- The Supreme Court shall have jurisdiction to hear
and determine appeals for judgements, decrees, final orders or
sentences of High Courts.
 Article 185 (2):- The appeal shall lie in Supreme Court if:-
a. If the High Court has an appeal reversed an order of an
accused person.
b. If the High Court has withdrawn for trial.
c. If the High Court has imposed any punishment on any person
for contempt of High Court.
 13

Advisory Jurisdiction of Supreme Court as per

Constitution:-
 Article 186 (1):- If the President is desirable to get
opinion of Supreme Court for any question of Law,
than Supreme Court can consider.
 Article 186 (2):- The Supreme Court shall consider
a question so referred and report its opinion on the
question to President.
14