YouTube “Theory of Law”

1. Introduction:
According to the constitution of Pakistan 1973 a High Court is the
highest court in a province. Normally the jurisdiction of a high
court is limited to its respective province. The jurisdiction of a
High Court may, by Act of Parliament, be extended to any area in
Pakistan not forming part of a Province.

2. Relevant Provisions:
Article 192 to 203 of the Constitution of Pakistan 1973.

3. Formation:
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.

4. Appointment of Judges:
The Chief Justice and each of other Judges of a High Court shall be
appointed by the President in accordance with Article 175A.

5. Qualification for Judges:

The judge of High Court must have the following qualifications;
(a) He must be a citizen of Pakistan.
(b) He must not be less than 40 years of age.
(c) He has been Advocate of High Court for at least 10 years. or
 (d) He has been in civil service for minimum ten years and
during his service he has served as District Judge for three
years. Or
(e) He has held a judicial office in Pakistan for a period of not
less than ten years.

6. Oath of Office:
(a) Chief Justice:
The chief justice takes oath of his office before the governor.
(b) Other Judges:
The other judges of high court shall take oath of office before
the Chief Justice of that high court.
(c) Chief justice of Islamabad High Court:
Chief justice of Islamabad High Court shall take oath before
President of Pakistan and other judges of Islamabad high court
shall make oath before the Chief Justice of Islamabad High
Court.

7. Retiring Age:
A Judge of a 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.

8. Acting Chief Justice:

At any time when—
➢ the office of Chief Justice of a High Court is vacant, or
➢ 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.

9. Additional Judges:
At any time when—
(a) the office of a Judge of a High Court is vacant; or

(b) a Judge of a High Court is absent or is unable to perform the

functions of his office due to any other cause; 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 Article 175A, 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.

10. Removal of Judges:

A judge can be removed from his office if he is unable to perform
his duties due to physical or mental incapacity or he has been
guilty of gross mis-conduct.
The president can direct Supreme Judicial Council to inquire into
matter. If council finds him incapable to perform his duties, the
president may remove the judge from his office.

11. Transfer of Judges:

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.

12. Binding Effect of the Decisions of High Court:

The decisions of high court shall be binding effect on the courts
subordinate to the high court.

13. Rule Making Authority:

Subject to the constitution and law, a high court may make rules
regarding the practice and procedure of the Court or of any Court
subordinate to it.

14. Appeal to the Supreme Court:

Appeals against the decisions of the High Court lie before the
Supreme Court.

POWERS AND FUNCTIONS OF HIGH COURT

(1) ORIGINAL JURISDICTION:
High Court has original jurisdiction in certain matters such as
the case of contempt of court and writs etc.
(a) Order of Habeas Corpus:
High Court can make order directing that a person in
custody within territorial jurisdiction of the court be brought
before it so that the court may satisfy itself that he is not
being in custody without lawful authority or in unlawful
manner.

(b) Order of Mandamus:

If the fundamental rights of any person have been effected
the court may, on his application, order any person,
 authority or government which is deemed necessary for the
enforcement of any such fundamental rights.

(c) Order of Prohibition:

High Court can direct a person performing within the
territorial jurisdiction of the court, functions in connection
with the affairs of the federation, province or a local
authority to refrain from doing he is not permitted by law, or
to do anything he is required by law to do.

(d) Orde of Certiorari:

High court can declare any act done by a federal, provincial
or a local authority functionary has been done without
lawful authority and is of no legal effects.

(e) Order of Quo Warranto:

On the application of any person, High court make an order
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.

(2) APPELLATE JURISDICTION:

High Court has appellate jurisdiction to hear appeals against
the orders, decrees and judgment of the subordinate courts.

(3) SUPERVISIONS OF SUBORDINATE COURTS:

High court in the province supervises the work of the
subordinate courts.

Conclusion:
 To conclude that the judicial organization of a province is
headed by a High Court. It hears appeals from all the courts in
the province. High court consists of a Chief Justice and as may
other judges as may be fixed by law. Every province in Pakistan
has a high court of its own. The parliament may by an Act of
extend the jurisdiction of any high court to any area in
Pakistan.
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