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180
| Acting Chief Justice.
At any time when-
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(a)
|
the office of Chief Justice of Pakistan is
vacant; or
|
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(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 460[one of the judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than
under this Article.] 460 to act as Chief Justice of Pakistan. |
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|
181
| Acting Judges.
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(1)
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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.
461[Explanation.-In this clause, 'Judge of a High Court' includes a
person who has retired as a Judge of a High Court.] 461
|
| |
|
(2)
|
An appointment under this Article shall continue in
force until it is revoked by the President.
|
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|
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|
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 462[in consultation with the Judicial Commission as provided in clause (2) of Article 175A,] 462may, 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 463 appoint.
|
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|
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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 464[:] 464
465[Provided that the Supreme Court shall not make an order or
give direction or make a declaration on its own or in the nature of
suo motu exercise of jurisdiction beyond the contents of any
application filed under this clause.] 465
|
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|
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|
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 466[one million] 466 rupees or such other sum as may be specified in
that behalf by Act of 467[Majlis-e-Shoora (Parliament)] 467 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.
|
| |
|
| |
|
187
| Issue and Execution of Processes of Supreme Court.
|
(1)
|
470[Subject to clause(2) of Article 175,
the] 470 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 471[:] 471
472[Provided that no order under this clause shall be passed otherwise than in pursuance of any jurisdiction vested in and exercised by
the Supreme Court.] 472
|
| |
|
(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 473[Majlis-e-Shoora (Parliament)] 473 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. |
| |
450
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 68
(with effect from
April 19, 2010) for :
|
(1)
|
The Chief Justice of Pakistan shall be appointed by
the President, and each of the other Judges shall be appointed by
the President after consultation with the Chief Justice.
|
| |
451
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 8
(with effect from
October 21, 2024) for :
|
(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).
|
|
| |
455
The following was omitted by
Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 34
(with effect from
March 2, 1985) : :
456[
|
(2)
|
The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment)
Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter
have the option either:-
|
(a)
|
to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining
the age of sixty-five years; or
|
|
(b)
|
to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary
which he was receiving while holding the office of Chief Justice.
|
|
| |
|
(3)
|
When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who
was until then the most senior of the other Judges shall rank next after him in order of seniority.
|
| |
|
(4)
|
A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again
be appointed to that office.
|
| |
|
(5)
|
The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275. |
| |
] 456 457[
|
(6)
|
Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of the Supreme Court who attains the age of
sixty-five years before he has held that office for a term of five years may continue to hold that office until he has completed
that term.
|
| |
] 457
458
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 9
(with effect from
October 21, 2024) for ".".
459
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 9
(with effect from
October 21, 2024).
463
For appointment of Rawalpindi as the seat of the Supreme Court, see Gazette of Pakistan, 1974, Part III, page 1387.
464
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 10
(with effect from
October 21, 2024) for ".".
465
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 10
(with effect from
October 21, 2024).
466
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 11
(with effect from
October 21, 2024) for "fifty
thousand".
468
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 12
(with effect from
October 21, 2024) for :
469[
|
186A
| Power of Supreme Court to transfer cases.
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. |
| |
] 469
471
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 13
(with effect from
October 21, 2024) for ".".
472
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 13
(with effect from
October 21, 2024).
474
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 14
(with effect from
October 21, 2024).