The Supreme Court shall consist of a Chief Justice to be known
as the Chief Justice of Pakistan and so many other Judges as may be
determined by Act of [160]
[Majlis-e-Shoora(Parliament)] or, until so determined, as may be
fixed by the President.
177.Appointment of Supreme Court Judges.
[160A][(1)
The Chief Justice of Pakistan and each of the other Judges of the
Supreme Court shall be appointment by the President in accordance with
Article 175A.]
(2) A person shall not be appointed a Judge of the Supreme Court
unless he is a citizen of Pakistan and-
(a) has for a period of, or for periods aggregating, not less
than five years been a judge of a High Court (including a High
Court which existed in Pakistan at any time before the commencing
day); or
(b) has for a period of, or for periods aggregating not less
than fifteen years been an advocate of a High Court (including a
High Court which existed in Pakistan at any time before the
commencing day).
178.Oath of Office.
Before entering upon office, the Chief Justice of Pakistan
shall make before the President, and any other Judge of the Supreme
Court shall make before the Chief Justice, oath in the form set out
in the Third Schedule.
A judge of the Supreme Court shall hold office until he attains
the age of sixty five years, unless he sooner resigns or is removed
from office in accordance with the Constitution."
180.Acting Chief Justice.
At any time when-
(a) the office of Chief Justice of Pakistan is vacant; or
(b) the Chief Justice of Pakistan is absent or is unable to
perform the functions of his office due to any other cause,
the President shall appoint [163] [the most senior of the
other Judges of the Supreme Court] to act as Chief Justice of
Pakistan.
181.Acting Judges.
(1) At any time when-
(a) the office of a Judge of the Supreme Court is vacant; or
(b) a Judge of the Supreme Court is absent or is unable to
perform the functions of his office due to any other cause,
the President may, in the manner provided in clause (1) of Article
177, appoint a Judge of a High Court who is qualified for
appointment as a Judge of the Supreme Court to act temporarily as a
Judge of the Supreme Court.
[164]
[Explanation.-In this clause, 'Judge of a High Court' includes a
person who has retired as a Judge of a High Court.]
(2) An appointment under this Article shall continue in force
until it is revoked by the President.
182.Appointment of ad hoc Judges.
If at any time it is not possible for want of quorum of Judges
of the Supreme Court to hold or continue any sitting of the Court,
or for any other reason it is necessary to increase temporarily the
number of Judges of the Supreme Court, the Chief Justice of
Pakistan [164A][in consultation with the Judicial Commission as provided in clause (2) of Article 175A,] may, in writing,-
(a) with the approval of the President, request any person who
has held the office of a Judge of that Court and since whose
ceasing to hold that office three years have not elapsed; or
(b) with the approval of the President and with the consent of
the Chief justice of a High Court, require a Judge of that Court
qualified for appointment as a judge of the Supreme Court,
to attend sittings of the Supreme Court as an ad hoc Judge for such
period as may be necessary and while so attending an ad hoc Judge
shall have the same power and jurisdiction as a Judge of the
Supreme Court.
183.Seat of the Supreme Court.
(1) The permanent seat of the Supreme Court shall, subject to
clause (3), be at Islamabad.
(2) The Supreme Court may from time to time to time sit in such
other places as the Chief Justice of Pakistan, with the approval of
the President, may appoint.
(3) Until provision is made for establishing the Supreme Court
at Islamabad, the seat of the Court shall be at such place as the
President may [165] appoint.
184.Original Jurisdiction of Supreme Court.
(1) The Supreme Court shall, to the exclusion of every other
court, have original jurisdiction in any dispute between any two or
more Governments.
Explanation.-In this clause, "Governments" means the
Federal Government and the Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by
clause (1), the Supreme Court shall pronounce declaratory judgments
only.
(3) Without prejudice to the provisions of Article 199, the
Supreme Court shall, if it considers that a question of public
importance with reference to the enforcement of any of the
Fundamental Rights conferred by Chapter I of Part II is involved
have the power to make an order of the nature mentioned in the said
Article.
185.Appellate Jurisdiction of Supreme Court.
(1) Subject to this Article, the Supreme Court shall have
jurisdiction to hear and determine appeals from judgments, decrees,
final orders or sentences. (2) An appeal shall lie to the Supreme
Court from any judgment, decree, final order or sentence
(a) if the High Court has on appeal reversed an order of
acquittal of an accused person and sentenced him to death or to
transportation for life or imprisonment for life; or, on revision,
has enhanced a sentence to a sentence as aforesaid; or
(b) if the High Court has withdrawn for trial before itself any
case from any court subordinate to it and has in such trial
convicted the accused person and sentenced him as aforesaid; or
(c) if the High Court has imposed any punishment on any person
for contempt of the High Court; or
(d) if the amount or value of the subject matter of the dispute
in the court of first instance was, and also in dispute in appeal
is, not less than fifty thousand rupees or such other sum as may be
specified in that behalf by Act of [166]
[Majlis-e-Shoora(Parliament)] and the judgment, decree or final
order appealed from has varied or set aside the judgment, decree or
final order of the court immediately below; or
(e) if the judgment, decree or final order involves directly or
indirectly some claim or question respecting property of the like
amount or value and the judgment, decree or final order appealed
from has varied or set aside the judgment, decree or final order of
the court immediately below; or
(f) if the High Court certifies that the case involves a
substantial question of law as to the interpretation of the
Constitution.
(3) An appeal to the Supreme Court from a judgment, decree,
order or sentence of a High Court in a case to which clause (2)
does not apply shall lie only if the Supreme Court grants leave to
appeal.
186.Advisory Jurisdiction.
(1) If, 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.
(2) The Supreme Court shall consider a question so referred and
report its opinion on the question to the President.
The Supreme Court may, if it considers it 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.
187Issue and Execution of Processes of Supreme Court.
(1) [168] [Subject to
clause(2) of Article 175, the]Supreme Court shall have power to
issue such directions, orders or decrees as may be necessary for
doing complete justice in any case or matter pending before it,
including an order for the purpose of securing the attendance of
any person or the discovery or production of any document.
(2) Any such direction, order or decree shall be enforceable
throughout Pakistan and shall, where it is to be executed in a
Province, or a territory or an area not forming part of a Province
but within the jurisdiction of the High Court of the Province, be
executed as if it had been issued by the High Court of that
Province.
(3) If a question arises as to which High Court shall give
effect to a direction, order or decree of the Supreme Court, the
decision of the Supreme Court on the question shall be final.
188.Review of Judgments or Orders by the Supreme Court.
The Supreme Court shall have power, subject to the provisions
of any Act of [169]
[Majlis-e-Shoora (Parliament)] and of any rules made by the Supreme
Court, to review any judgment pronounced or any order made by it.
189.Decisions of Supreme Court binding on other Courts.
Any decision of the Supreme 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 other courts in Pakistan.
190.Action in aid of Supreme Court.
All executive and judicial authorities through out Pakistan
shall act in aid of the Supreme Court.
191.Rules of Procedure.
Subject to the Constitution and law, the Supreme Court may make
rules regulating the practice and procedure of the Court.
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