Judiciary

Qualification to become
Supreme Court Judge
• A person with five years experience as a Judge of High Court or
15 years experience as advocate of High Court is eligible to be
appointed as a Judge of the Supreme Court.
• The Chief Justice of Pakistan and each of other judges of the
Supreme Court, High Court and Federal Shariat Court shall be
appointed by the President in accordance with Article 175A
Qualification to become High
Court Judge
• To become a Judge of a High Court a person need to be a citizen
of Pakistan, of not less than forty –five years of age, and have
ten years of experience being an advocate of a High Court or for
a period of not less than ten years been, a member of a civil
service and has, for a period of not less than three years, served
as or exercised the functions of a District Judge in Pakistan or
for a period of not less than ten years, held a judicial office in
Pakistan. 
Judicial Commission (Art
175A) for SCJ
• the cases of appointment in the superior courts were to be
processed through two forums.
• The first was the ‘Judicial Commission’ (‘JC’), headed by the
Chief Justice of Pakistan and comprising senior judges of the
Supreme Court, Chief Justices and senior judges of the High
Courts , the Attorney General , Federal and Provincial Law
Ministers and representatives of the Federal and Provincial Bar
Councils.
• It also includes Chief Justices of High Court(s) and Federal
Shariat Court and senior Judge of the High Court.
• The JC was to nominate judges for each vacancy. The
nominations were then forwarded to the second forum, the
‘Parliamentary Committee’ (‘PC’), for confirmation. 
Parliamentary Committee
• The Parliamentary Committee consists of eight members with
equal membership from the Treasury and Opposition Benches as
well as of two Houses i.e. National Assembly and Senate.
• The nomination of the members from the Treasury Benches shall
be made by the Leader of the House and from Opposition
Benches by the Leader of the Opposition, provided that when the
National Assembly is dissolved, the total membership of the
Parliamentary Committee shall consist of the members from the
Senate only.
Appointment of Judges of SC,
HC, FSC
• The Judicial Commission of Pakistan shall nominate a name for the
appointment as judge of Supreme Court in majority after evaluating
professional competency and antecedents. The recommendations of
the Judicial Commission are sent to the Parliamentary Committee
• The Committee after receipt of nomination from the Commission
may confirm the nominee by majority of its total membership
within fourteen days, failing which the nomination shall be deemed
to have been confirmed.
• However, the Committee may not confirm the nomination for
reasons to be recorded, by three-fourth majority within said period
and forward it to the Commission through Prime Minister and in
such case the Commission shall send another nomination. The
Committee shall send the name of the nominee confirmed by it or
deemed to have been confirmed to the Prime Minister who shall
forward the same to the President for appointment.
Original Jurisdiction of SC(Art
184)
• The Supreme Court exercises original, appellate and review
jurisdiction.
• It possesses exclusive original jurisdiction for the settlement of
intergovernmental disputes between Federal and Provincial
Government(s) or Provincial Governments inter se. Under this
jurisdiction, the Court pronounces declaratory judgments.
• The Supreme Court can also exercise original jurisdiction, with
respect to the enforcement of fundamental rights, if the case
involves an issue of public importance.
Appellate Jurisdiction of SC(Art
185)
• The Supreme Court of Pakistan is the highest appellate court of
the country and court of last resort. It is the final arbiter of the
law and the Constitution. Its orders/decisions are binding on all
other courts in the country.
• The Supreme Court of Pakistan shall have jurisdiction to hear
and determine appeals from judgments, decrees, final orders or
sentences of a High Court.
Advisory Jurisdiction of SC(Art
186)
• The Court also exercises advisory jurisdiction, where under the
President may obtain its opinion on a question of law. Under its
appellate jurisdiction, the Court entertains appeals against orders
and decisions of High Courts and other special courts/tribunals.
Binding decision Art 189
• The judgment rendered by Supreme Court is binding on all the
subordinate courts, High Courts and the tribunals within the
territory of the country
• In case of a judgment rendered by the High Court, it is binding
in nature to the subordinate courts and the tribunals within its
jurisdiction.
• Union of India v. K.S. Subramanium- AIR 1976 SC 2435- This
case held that when there is an inconsistency in decision
between the benches of the same court, the decision of the larger
bench should be followed.
• Writs
Writ Jurisdiction Art 199
• A writ is an official written directive issued by an organization
with administrative or judicial jurisdiction; in modern sense, this
organization is known as a court. There are many types of writs
exist including prerogative writs, summons and warrants but
there are many others.
• The writ, in common parlance, is an order issued by a court in
the name of an authority requiring the performance of a specific
act.
Mandamus
• A Latin term for "we command." Mandamus refers to a writ
issued by a court ordering a lower court (or governmental entity)
to properly carry out a nondiscretionary function. 
• Mandamus is a drastic remedy and is invoked only in
extraordinary cases where there is a clear and indisputable right
to the relief sought.
• For example, if a trial court refuses to issue a final ruling in a
case, effectively preventing the aggrieved party from appealing
the court's decision, an appellate court may grant a writ
of mandamus ordering the lower court to issue its final ruling so
that the aggrieved party may challenge the ruling on appeal.
Certiorari
• Certiorari also called cert, in common law jurisdictions,
a writ issued by a superior court for the re-examination of an
action of a lower court.
• Certiorari also is issued by an appellate court to obtain
information on a case pending before it. 
• In the United States certiorari is used by the Supreme Court to
review questions of law or to correct errors and to ensure against
excesses by the lower courts. Such writs are also issued in
exceptional cases when an immediate review is required.
Habeas Corpus
• Habeas corpus is a legal action through which a prisoner can be
released from an unlawful custody or detention.
• The remedy can be pursued by the prisoner or by another person
coming to his / her assistance.
• Habeas corpus originated in the English legal system, has
historically been an important legal mechanism, protecting rights
of individual against arbitrary governmental action.
Writ of Prohibito

• The Court may issue a writ of prohibition to prohibit the

authority from acting in excess of its jurisdiction.
• This writ is normally issued by a superior court to the lower
court asking it not to proceed with a case which does not fall
under its jurisdiction.
Writ of Quo Warranto

• The writ of quo warranto is issued against a person who claims

or usurps a public office.
• Through this process, the court inquires ‘by what authority’ the
person supports his or her claim.
Federal Shariat Court Art 203
• The Federal Shariat Court (FSC) of Pakistan is vested with an
extraordinary jurisdiction to examine laws and customs having
the force of law in terms of their conformity to Islamic
injunctions. 
• The primary purpose of this court is to ascertain whether laws
passed by parliament are congruent with the precepts of Islam.
Supreme Judicial Council Art
209
• The Supreme Judicial Council is comprised of,
 Chief Justice of Pakistan as Chairman,
 Two most senior Judges of the Supreme Court and
 Two most senior Chief Justices of High Courts

• On a reference received from President or through suo-moto

action, the Supreme Judicial Council investigates the matter and
presents its finding to the President.
• If the council decides that the Judge is incapable of performing
the duties of office or is guilty of misconduct, and therefore
should be removed from office, the President may order the
removal of such judge.