The Constitution of Pakistan on pakistani.org
Go to:

Part VII: The Judicature

Chapter 4: General Provisions Relating to the Judicature

 667[
204 Contempt of Court.
(1) In this Article, "Court" means the  668[Federal Constitutional Court or the] 668 Supreme Court or a High Court.
 
(2) A Court shall have power to punish any person who,
(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.
 
(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.
 
 
] 667
205 Remuneration, etc., of Judges.
The remuneration and other terms and conditions of service of a Judge of  670[the Federal Constitutional Court or] 670 the Supreme Court or of a High Court shall be as provided in the Fifth Schedule.
 
206 Resignation.
 671[(1)] 671 A Judge of the  672[Federal Constitutional Court or of the] 672 Supreme Court or a High Court may resign his office by writing under his hand addressed to the President.
 
 673[
(2) A Judge of a High Court who does not accept appointment as a Judge of the Federal Constitutional Court or the Supreme Court or a Judge of the Supreme Court who does not accept appointment as a Judge of the Federal Constitutional Court shall be deemed to have retired from his office and, on retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.
 
] 673
 
207 Judge not to hold Office of Profit, etc.
(1) A Judge of  675[Federal Constitutional Court or of the Supreme Court] 675 or of a High Court shall not,
(a) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or
(b) occupy any other position carrying the right to remuneration for the rendering of services.
 
(2) A person who has held office as a Judge of the  676[Federal Constitutional Court or of the Supreme Court] 676 or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Commissioner or of Chairman or member of a law commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office.
 
(3) A person who has held office as a permanent Judge,
(a) of the  677[Federal Constitutional Court or of the Supreme Court] 677, shall not plead or act in any Court or before any authority in Pakistan;  678[and] 678
(b) of a High Court, shall not plead or act in any Court or before any authority within its jurisdiction 679[.] 679
 680[] 680
 
 
208 Officers and Servants of Courts.
The  681[Federal Constitutional Court, the] 681 682[Supreme Court, the Federal Shariat Court and the Islamabad High Court] 682, with the approval of the President and a High Court, with the approval of the Governor concerned, may make rules providing for the appointment by the Court of officers and servants of the Court and for their terms and conditions of employment 684[:] 684
 685[Provided that till such time rules are made in this regard, the rules providing for the appointment of officers and servants of the Supreme Court and for their terms and conditions of employment shall mutatis mutandis apply to the officers and servants of the Federal Constitutional Court. ] 685
 
 686[
209 Supreme Judicial Council.
(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
 
 687[
(2) The Council shall consist of-
(a) the Chief Justice of the Federal Constitiutional Court;
(b) the Chief Justice of the Supreme Court;
(c) one next most senior Judge each of the Federal Constitutional Court and the Supreme Court;
(d) a Judge of the Federal Constitutional Court or the Supreme Court jointly nominated by the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court, for a period of two years;
(e) the two most senior Chief Justices of the High Courts.
Explanation I.- The senior amongst the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court shall be the Chaiperson of the Council. Their inter se seniority shall be determined with reference to their dates of appointment as the Chief Justices of the Federal Constitutional Court and the Chief Justice of the Supreme Court otherwise than as acting Chief Justice, in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of the High Courts.
Explanation II.- If a Judge may not be nominated under paragraph (d), the respective Chief Justices shall forward one nominee each to the President who shall, on advice of the Prime Minister, nominate one of them as a Judge under paragraph (d).
Explanation III.- For the purposes of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice otherwise than as acting Chief Justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of the High Courts.
 
] 687 688[
(3) If at any time, the Council is inquiring into the capacity, inefficiency or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then if such member is the-
(a) Chief Justice or Judge of the Federal Constitutional Court or the Supreme Court, as the case may be, the Judge who is next in seniority below the Judges referred to in paragraph (c) of clause (2), as the case may be;
(b) Judge of the Federal Constitutional Court or the Supreme Court referred to in paragraph (d) of clause (2), another Judge nominated under paragraph (d) or Explanation II of clause (2); and
(c) Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts,
shall act as a member of the Council in his place.
 
] 688
(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
 
(5) If, on information from any source or the report from the Commission under clause (19) of Article 175A  689[and Article 200] 689, the Council or the President is of the opinion that a Judge  690[of the Federal Constitutional Court or] 690 of the Supreme Court or of a High Court-
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may be inefficient in the performance of the duties of his office; or
(c) may have been guilty of misconduct,  691[or] 691
 692[
(iv) does not accept a transfer under Article 200.
] 692 the Council, on its own motion or on receipt of report from the Commission under clause (19) of Article 175A or on the direction of the President, shall inquire into the matter.
 
(6) If, after inquiring into the matter, without unnecessary delay and in case of report or direction under clause (5), within six months 693[and within thirty days in case where paragraph (d) applies] 693, the Council reports to the President that it is of the opinion that-
(a) the Judge is incapable of performing the duties of his office or is found inefficient in performance of the duties of his office or has been guilty of misconduct  694[or does not accept transfer under Article 200] 694; and
(b) he should be removed from office,
the President may remove the Judge from office.
 
(7) A Judge  695[of the Federal Constitutional Court or] 695of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
 
(8) The Council shall issue a code of conduct to be observed by Judges of  696[the Federal Constitutional Court,] 696 the Supreme Court and the High Courts.
 
(9) Subject to the rules made by the Council, there shall be a secretariat of the Council to be headed by a secretary and shall include such other officers and staff, as may be necessary.
 
 697[
(10) Within sixty days of commencement of the Constitution (Twenty-seventh Amendment) Act, 2025, the Council shall make rules regulating its procedure and conduct of business.
 
] 697
 
] 686
210 Power of Council to enforce attendance of persons, etc.
(1) For the purpose of inquiring into any matter, the Council shall have the same power as the  702[the Federal Constitutional Court or the Supreme Court] 702 has to issue directions or orders for securing the attendance of any person or the discovery or production of any document; and any such direction or order shall be enforceable as if it had been issued by the  703[the Federal Constitutional Court or the Supreme Court] 703.
 
(2) The provisions of Article 204 shall apply to the Council as they apply to the  704[the Federal Constitutional Court, the Supreme Court] 704 and a High Court.
 
 
211 Bar of Jurisdiction.
The proceedings before the Council, its report to the President and the removal of a Judge under clause (6) of Article 209 shall not be called in question in any court.
 
212 Administrative Courts and Tribunals.
(1) Notwithstanding anything hereinbefore contained, the appropriate Legislature may by Act  705[provide for the establishment of] 705 one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of
(a) matters relating to the terms and conditions of persons  706[who are or have been] 706 in the service of Pakistan, including disciplinary matters;
(b) matters relating to claims arising from tortious acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or
(c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.
 
(2) Notwithstanding anything hereinbefore contained, where any Administrative Court or Tribunal is established under clause (1), no other court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends  707[and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal  708[other than an appeal pending before the Supreme Court,] 708 shall abate on such establishment] 707:
Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution,  709[Majlis-e-Shoora (Parliament)] 709 by  710 law extends the provisions to such a Court or Tribunal.
 
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.
 
 
 711[] 711 713[] 713

Notes

667   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 44 (with effect from March 2, 1985) for :
204
(1) In this Article "Court means the Supreme Court or a High Court.
 
 669[
(2) A Court shall have the power to punish a person for contempt of Court in accordance with law.
 
] 669
 
668   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 43 (with effect from November 13, 2025).
669   Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 13 (with effect from December 1, 1976) for :
(2) A Court shall have power to punish any person who,
(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.
Explanation.-Fair comment made in good faith and in the public interest on the working of the Court or any of its final decisions after the expiry of the period of limitation for appeal, if any, shall not constitute contempt of Court.
 
(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.
 
670   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 44 (with effect from November 13, 2025).
671   Renumbered by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 14 (with effect from September 16, 1976)
672   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 45(a) (with effect from November 13, 2025).
673   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 45(b) (with effect from November 13, 2025) for :
 674[
(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.
 
] 674
674   Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 14 (with effect from September 16, 1976).
675   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(a) (with effect from November 13, 2025) for "Supreme Court".
676   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(a) (with effect from November 13, 2025) for "Supreme Court".
677   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(a) (with effect from November 13, 2025) for "Supreme Court".
678   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(b)(i) (with effect from November 13, 2025).
679   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(b)(ii) (with effect from November 13, 2025) for "; and".
680   The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 46(b)(iii) (with effect from November 13, 2025) : :
(c) of the High Court of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any Court or before any authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the Permanent Bench of that High Court to which he was assigned.
681   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 47(a) (with effect from November 13, 2025).
682   Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 20 (with effect from October 21, 2024) for "Supreme Court  683[and the Federal Shariat Court] 683".
683   Inserted by Constitution (Second Amendment) Order, 1982 (President's Order No. 5 of 1982), Section 9 (with effect from March 22, 1982).
684   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 47(b) (with effect from November 13, 2025) for ".".
685   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 47(b) (with effect from November 13, 2025).
686   Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 21 (with effect from October 21, 2024) for :
209 Supreme Judicial Council.
(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
 
(2) The Council shall consist of,
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
Explanation:- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice  698[otherwise than as acting Chief Justice] 698, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.
 
(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.
 
(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
 
 699[
(5) If, on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court-
(a) may be incapable of property performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct,
the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.
 
] 699
(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion,
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove the Judge from office.
 
(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
 
(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.
 
 
687   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(a) (with effect from November 13, 2025) for :
(2) The Council shall consist of-
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of the High Courts.
Explanation.- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice otherwise than as acting Chief Justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of the High Courts.
 
688   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(b) (with effect from November 13, 2025) for :
(3) If at any time, the Council is inquiring into the capacity, efficiency or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then if such member is the-
(a) Chief Justice or Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2); and
(b) Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts,
shall act as a member of the Council in his place.
 
689   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(c)(i) (with effect from November 13, 2025).
690   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(c)(ii) (with effect from November 13, 2025).
691   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(c)(iii) (with effect from November 13, 2025).
692   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(c)(iii) (with effect from November 13, 2025).
693   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(d)(i) (with effect from November 13, 2025).
694   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(d)(i) (with effect from November 13, 2025).
695   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(e) (with effect from November 13, 2025).
696   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(f) (with effect from November 13, 2025).
697   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 48(g) (with effect from November 13, 2025).
698   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 11 (with effect from May 4, 1974).
699   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 76 (with effect from April 19, 2010) for :
(5) If, on information  700[from any source, the Council or] 700, the President is of the opinion that a Judge of the Supreme Court or of a High Court,
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the  701[,or the Council may, on its own motion,] 701 inquire into the matter.
 
700   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 20(i) (with effect from August 21, 2002) for "received from the Council or from any other source".
701   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 20(ii) (with effect from August 21, 2002) for "Council to".
702   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 49(a) (with effect from November 13, 2025) for "Supreme Court".
703   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 49(a) (with effect from November 13, 2025) for "Supreme Court".
704   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 49(b) (with effect from November 13, 2025) for "Supreme Court".
705   Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 12(a)(i)(and deemed to have always been so) for "establish".
706   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 12(a)(i)(and deemed to have always been so).
707   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 12(a)(i)(and deemed to have always been so).
708   Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 15 (with effect from September 16, 1976).
709   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
710   For such law, see the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974 (32 of 1974).
711   The following was omitted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 45 (with effect from December 30, 1985) : :
 712[
212A Establishment of Military Courts or Tribunals.
(1) Notwithstanding anything herein before contained, the Chief Martial Law Administrator may, by a Martial Law Order, provide for the establishment of one or more Military Courts or Tribunals for the trial of offences punishable under the Martial Law Regulations or Martial Law Orders or any other law, including a special law, for the time being in force specified in the said Martial Law Order and for the transfer of cases to such Courts or Tribunals.
 
(2) The jurisdiction and powers of a Military Court or Tribunal shall be such as may be specified in a Martial Law Order issued by the Chief Martial Law Administrator.
 
(3) Notwithstanding anything herein before contained, where any Military Court or Tribunal is established, no other Court, including a High Court, shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of the Military Court or Tribunal extends and of which cognizance has been taken by, or which has been transferred to, the Military Court or Tribunal and all proceedings in respect of any such matter which may be pending before such other Court, other than an appeal pending before the Supreme Court shall abate.
 
 
] 712
712   Inserted by Constitution (Second Amendment) Order, 1979 (President's Order No. 21 of 1979), Section 2 (with effect from July 5, 1977).
713   The following was omitted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 2 (with effect from July 28, 1994) : :
 714[
212B Establishment of Special Courts for trial of heinous offences.
(1) In order to ensure speedy trial of cases of persons accused of the heinous offences specified by law as are referred to them by the Federal Government, or an authority or person authorized by it, in view of their being gruesome, brutal and sensational in character or shocking to public morality, the Federal Government may by law constitute as many Special Courts as it may consider necessary.
 
(2) Where the Federal Government constitutes more than one Special Court, it shall determine the territorial limits within which each one of them shall exercise jurisdiction.
 
(3) A Special Court shall consist of a Judge, being a person who is, or has been or is qualified for appointment as, a Judge of a High Court and is appointed by the Federal Government after consultation with the Chief Justice of the High Court.
 
(4} A person other than a Judge of a High Court who is appointed as a Judge of a Special Court shall hold office for the period this Article remains in force and shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge, and, in the application of the said Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to a Judge of a Special Court.
 
(5) The law referred to in clause (1) shall make provision for the constitution of as many Supreme Appellate Court as the Federal Government may consider necessary and an appeal against the sentence or final order of a Special Court being preferred to a Supreme Appellate Court which shall consist of -
(a) a Chairman, being a Judge of the Supreme Court to be nominated by the Federal Government after consultation with the Chief Justice of Pakistan, and
(b) two Judges of the High Courts to be nominated by the Federal Government after consultation with the Chief Justice of the High Court concerned.
 
(6) Where the Federal Government constitutes more than one Supreme Appellate Court, it shall determine the territorial limits within which each one of them shall exercise Jurisdiction.
 
(7) A Special Court and a Supreme Appellate Court shall decide a case or, as the case may be, an appeal with thirty days.
 
(8) Notwithstanding anything contained in the Constitution, no Court shall exercise any jurisdiction whatsoever in relation to any proceedings before, or order or sentence passed by a Special Court or a Supreme Appellate Court constituted under a law referred to in clause (1), except as provided in such law.
 
 
] 714
714   Inserted by Constitution (Twelfth Amendment) Act, 1991 (14 of 1991), Section 2 (with effect from July 28, 1991).
The Constitution of Pakistan on pakistani.org
Go to: