CONSTITUTION OF HIGH COURT

CONSTITUTION OF HIGH COURT

1. Introduction:

According to the constitution of 1973 of Islamic republic of Pakistan a high court is the highest court in a province. normally the jurisdiction of a high court is limited to its respective province.

2. Relevant Provisions:

Article 192-208.

3. Formation:

High court shall consist of a chief justice and so many other judges as may be fixed by law.

4. Appointment:

The chief justice of high court shall be appointed by the president of Pakistan after consulation with the chief justice of Pakistan and with the governor concerned the other judges shall be appointed by the president after the consulted with the chief justice of high court and governor concerned.
5. Qualifications for judges:

The judge of high court must have the following qualifications:

(a) He must be a citizen of Pakistan.
(b) He should not be less than 40 years of age.
(c) He has been advocate of high court for at least ten years or
(d) He has been in civil service for minimum served as a 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 take 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 the high court.

7. Term of office:

Retiring age for the judge of high court is 62 years.

8. Acting chief justice:

In absence of chief justice president may appoint, the senior most judge to act as chief justice.

9. Additional judges:

The president may appoint any such person who is qualified to be a judge to be a additional judge for a certain period. if there is need to increase the number of judges of a high court.

10. Seat of the high court:

Each high court have its principal seat at the place where it had such seat at the time of its establishment.

11. Salary and facilities:

The chief justice and other judges of a high court get fixed remuneration per month. they are also given accommodation, pension and allowances.

12. Restrictions:

A judge of high court shall not hold any office of profit in service of Pakistan until the expiration of two years from the date of their retirement. however they may be appointed in judicial and Quasi-Judicial services. the retired judge from high court can not practice in any court with in the jurisdiction of the principal seat of high court but he can appear before a court which did not fall with in their previous jurisdiction.

13. 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 incable perform his duties the president may remove the judge from the office.

14. Transfer of judges:

The president may transfer a judge from one high court to another high ccourt but no judge shall be transferred except with his consent.

15. Powers and functions of high court:

I. Original jurisdiction:

High court has original jurisdiction in certain matters such as the case of contempt of court and writs etc.

(a) Order of Habeaus 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 held in custody without lawful authority or in an 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.

II. Appellate jurisdiction:

The high court has appellate jurisdiction to hear appeals against the orders decrees and judgements of the subordinate.

III. Supervisions of subordinate courts:

The high court in the province supervises the work of the subordinate courts.

(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.

(d) Order of certiorari:

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

16. Binding effect of the decisions of the high court:

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

Case Law 1968 Lah. 148

Judgment of light court whether reported or unreported would have binding effect.

17. Appeal to the supreme court:

Appeals against the decisions of the high court lie before the supreme court.

18. Conclusion:

To conclude I can say that; the judicial organisation of a province is headed by a high courts in the province. the high court consists of a chief justice as many other judges as may be fixed by law. every province in Pakistan have a high court of its own. the parliament may by an act extend the jurisdiction of any high court to any area in Pakistan.