JURISDICTION OF SUPREME COURT OF PAKISTAN

JURISDICTION OF SUPREME COURT OF PAKISTAN

1. Introduction:

The supreme court is the highest court of Pakistan. it is both a constitutional and an ordinary court of law. all decision of supreme court of Pakistan are binding on all the courts in Pakistan. the principal seat of supreme court in Islamabad.

2. Relevant Provisions:

Article 176 to 191.

3. Composition:

The supreme court shall consist of a Chief Justice and so many other Judges as may be determined by the act of Parliament.

4. Qualification For Judges:

A person can be appointed be appointed a judge of Supreme Court if:
(a) He is citizen of Pakistan.
(b) He has been a High Court Judge for at least five years.
(c) He has been an advocate of High Court for fifteen years.

5.Oath Of Office:

Before entering upon the office the Chief Justice shall take oath of his office before the President of Pakistan and other Judges shall take oath of their office before the Chief Justice of Pakistan.

6. Retiring Age:

The age of retirement for the Judge of the Supreme Court of Pakistan is 65 years.

7. Acting Chief Justice:

In the absence of Chief Justice the President of Pakistan appoints the senior most judge to act as Chief Justice.

8. Adhoc. Judge:

The Chief Justice of Pakistan may request the president of Pakistan to appoint temporarily the number of Judges in the Supreme Court. An adhoc Judge so appointed shall have same power and Jurisdiction as the Supreme Court.

9. Appointment:

The Chief Justice shall be appointed by the President while the other Judge shall be appointed by him after consultation with the Chief Justice.

10. Powers and functions of supreme court:

(i) Appellate jurisdiction:

The supreme has appellate jurisdiction to hear and determines appeals from judgement, decree, final orders or sentences of a high court.

(ii) Original jurisdiction:

The original jurisdiction means that the supreme court can be approached with regard to such matters without contacting any other court of law. the supreme court has also original jurisdiction in the enforcement of fundamental rights.

(iii) Advisory jurisdiction:

If at any time president considers that it is desirable to obtain the opinion of the supreme court on any questions of law of public importance he may refer the question to the supreme court. the supreme court shall consider such a question and reports its opinion to the president who may or may not accept it.

(iv) Revision power:

The supreme court has power to review any judgement of any order made by it.

(v) Protection of the fundamental rights:

The supreme court protects the fundamental rights of the citizen.

(vi) To issue direction:

According to Article 187 the supreme court has power to issue such direction as may be necessary for doing complete justice in any case or matter pending before it.

(vii) Interpretation of the constitution:

The supreme court is empowered to interpret the constitution of the Islamic republic of Pakistan.

(viii) Rules and regulations:

The supreme makes rules regulating for its practice and procedure.

(ix) Guardian of the constitution:

The supreme court is the guardian of the constitution.

(x) Sou Motu jurisdiction:

The supreme court has suo motu jurisdiction.

(xi) Transfer of cases:

Supreme court can transfer any case appeal or other proceeding pending before any high court to an other high court.

11. Binding effect of decisions of supreme court:

The decisions of supreme court of Pakistan have binding effect on the subordinate courts.

12. Conclusion:

To conclude I can say that; the supreme court is the highest court in Pakistan. It consist of chief justice and other judges who are appointed by the president of Pakistan.