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Part VII: The Judicature

Chapter 2: The Supreme Court of Pakistan.

176 Constitution of Supreme Court.
The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice  495[of Supreme Court] 495 of Pakistan and so many other Judges as may be determined by Act of  496[Majlis-e-Shoora (Parliament)] 496 or, until so determined, as may be fixed by the President 497[:] 497
 498[Provided that and notwithstanding anything contained in the Constitution, the incumbent Chief Justice shall be and continue to be known as the Chief Justice of Pakistan during his term in office.] 498
 
177 Appointment of Supreme Court Judges.
 499[
(1) The Chief Justice of  500[of Supreme Court] 500 and each of the other Judges of the Supreme Court shall be appointment by the President in accordance with Article 175A.
 
] 499 501[
(2) A person shall not be appointed as 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; or
(b) has, for a period of not less than fifteen years, been an advocate of a High Court and is an advocate of the Supreme Court.
 
] 501
 
178 Oath of Office.
Before entering upon office, the Chief Justice of  502[of Supreme Court] 502 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.
 
 503[
179 Retiring Age.
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 509[:] 509
 510[Provided that the term of the Chief Justice of  511[of Supreme Court] 511 shall be three years or unless he sooner resigns or attains the age of sixty-five years or is removed from his office in accordance with the Constitution, whichever is earlier:
Provided further that the Chief Justice of  512[of Supreme Court] 512, on completion of his term of three years, shall stand retired notwithstanding his age of superannuation.] 510
 
] 503
180 Acting Chief Justice.
At any time when-
(a) the office of Chief Justice of  513[of Supreme Court] 513 is vacant; or
(b) the Chief Justice of  514[of Supreme Court] 514 is absent or is unable to perform the functions of his office due to any other cause,
the President shall appoint  515[ 516[one] 516of the other Judges of the Supreme Court] 515 to act as Chief Justice of  517[of Supreme Court] 517.
 
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.
 518[Explanation.-In this clause, 'Judge of a High Court' includes a person who has retired as a Judge of a High Court.] 518
 
(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  519[of Supreme Court] 519 520[in consultation with the Judicial Commission as provided in clause (2) of Article 175A,] 520may, 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  521[of Supreme Court] 521, with the approval of the President, may appoint.
 
 522[] 522
 
 524[] 524
 527[
185 Appellate Jurisdiction of the Supreme Court.
(1) Subject to this Article and Article 175F, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of a High Court.
 
(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or sentence of a High Court-
(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 rn dispute in appeal is, not less than one million rupees or such other sum as may be specified in that behalf by Act of 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 or tribunal 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 or tribunal immediately below.
 
(3) An appeal to the Supreme Court, from a judgment, decree, order or sentence of a High Court in case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal:
Provided that no appeal shall lie to the Supreme Court in cases to which clause (1) of Article 175F applies.
 
 
] 527
 530[] 530 531[] 531
187 Issue and Execution of Processes of  534[Federal Constitutional Court and] 534Supreme Court.
(1)  535[Subject to clause(2) of Article 175, 536[the Federal Constitutional Court and] 536 the] 535 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 537[:] 537
 538[Provided that no order under this clause shall be passed otherwise than in pursuance of any jurisdiction vested in and exercised by  539[the Federal Constitutional Court and] 539 the Supreme Court.] 538
 
(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  540[Majlis-e-Shoora (Parliament)] 540 and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.
 
 541[
189 Decisions of Federal Constitutional Court and Supreme Court binding on other courts.
(1) Any decision of the Federal Constitutional 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 including the Supreme Court.
 
(2) 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 except the Federal Constltutional Court.
 
 
] 541
190 Action in aid of  542[Federal Constitutional Court and] 542 Supreme Court.
All executive and judicial authorities through out Pakistan shall act in aid of  543[the Federal Constitutional Court and] 543 the Supreme Court.
 
 544[
191 Rules of Procedure.
Subject to the Constitution and any Act of Majlis-e-shoora (Parliament), the Federal Constitutional Court and the Supreme Court may make rules regulating their respective practice and procedure.
 
] 544 545[] 545

Notes

495   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 22(a) (with effect from November 13, 2025).
496   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".
497   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 22(b) (with effect from November 13, 2025) for ".".
498   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 22(b) (with effect from November 13, 2025).
499   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.
 
500   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 23 (with effect from November 13, 2025) for "Pakistan".
501   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).
 
502   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 24 (with effect from November 13, 2025) for "Pakistan".
503   Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 6 (with effect from December 31, 2003) for :
179 Retiring Age.
 504[(1)] 504 A Judge of the Supreme Court shall hold office until he attains the age of  505[sixty-eight years] 505, unless he sooner resigns or is removed from office in accordance with the Constitution.
 
 506[] 506
 
504   Renumbered by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 5 (with effect from September 16, 1976)
505   Substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002), Article 2(4) (with effect from October 9, 2002) for "sixty-five years".
506   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) : :
 507[
(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.
 
] 507 508[
(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.
 
] 508
507   Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 5 (with effect from September 16, 1976).
508   Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 2 (with effect from December 13, 1976).
509   Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 9 (with effect from October 21, 2024) for ".".
510   Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 9 (with effect from October 21, 2024).
511   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 25 (with effect from November 13, 2025) for "Pakistan".
512   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 25 (with effect from November 13, 2025) for "Pakistan".
513   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 26(a) (with effect from November 13, 2025) for "Pakistan".
514   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 26(a) (with effect from November 13, 2025) for "Pakistan".
515   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 35 (with effect from March 2, 1985) for "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".
516   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 26(b) (with effect from November 13, 2025) for "the most senior".
517   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 26(a) (with effect from November 13, 2025) for "Pakistan".
518   Inserted by Constitution (Amendment) Order, 1982 (President's Order No. 2 of 1982), Section 2 (with effect from February 27, 1982).
519   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 27 (with effect from November 13, 2025) for "Pakistan".
520   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 5 (with effect from January 1, 2011).
521   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 28(a) (with effect from November 13, 2025) for "Pakistan".
522   The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 28(b) (with effect from November 13, 2025) : :
(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  523 appoint.
 
523   For appointment of Rawalpindi as the seat of the Supreme Court, see Gazette of Pakistan, 1974, Part III, page 1387.
524   The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 29 (with effect from November 13, 2025) : :
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 525[:] 525
 526[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.] 526
 
 
525   Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 10 (with effect from October 21, 2024) for ".".
526   Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 10 (with effect from October 21, 2024).
527   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 30 (with effect from November 13, 2025) for :
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  528[one million] 528 rupees or such other sum as may be specified in that behalf by Act of  529[Majlis-e-Shoora (Parliament)] 529 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.
 
 
528   Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 11 (with effect from October 21, 2024) for "fifty thousand".
529   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".
530   The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 31 (with effect from November 13, 2025) : :
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.
 
 
531   The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 32 (with effect from November 13, 2025) : :
 532[
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 or to itself.
 
] 532
532   Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 12 (with effect from October 21, 2024) for :
 533[
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.
 
] 533
533   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 36 (with effect from March 2, 1985).
534   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 33(a) (with effect from November 13, 2025).
535   Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 7 (with effect from September 16, 1976) for "The".
536   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 33(b)(i) (with effect from November 13, 2025).
537   Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 13 (with effect from October 21, 2024) for ".".
538   Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 13 (with effect from October 21, 2024).
539   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 33(b)(ii) (with effect from November 13, 2025).
540   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".
541   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 34 (with effect from November 13, 2025) for :
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.
 
542   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 35(a) (with effect from November 13, 2025).
543   Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 35(b) (with effect from November 13, 2025).
544   Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 36 (with effect from November 13, 2025) for :
191 Rules of Procedure.
Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.
 
545   The following was omitted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 37 (with effect from November 13, 2025) : :
 546[
191A Constitutional Benches of the Supreme Court.
(1) There shall be Constitutional Benches of the Supreme Court, comprising such Judges of the Supreme Court and for such term, as may be nominated and determined by the Judicial Commission of Pakistan, from time to time:
Provided that the Constitutional Benches may comprise equal number of Judges from each Province.
 
(2) The most senior Judge amongst Judges nominated under clause (l) shall be the most senior Judge of the Constitutional Benches.
 
(3) No Bench of the Supreme Court other than a Constitutional Bench shall exercise following jurisdictions vested in the Supreme Court, namely:-
(a) original jurisdiction of the Supreme Court under Article 184;
(b) appellate jurisdiction of the Supreme Court under clause (3) of Article 185, where a judgment or order of a High Court passed under Article 199 involves constitutionality of any law or a substantial question of law as to the interpretation of the Constitution; and
(c) advisory jurisdiction of the Supreme Court under Article 186.
 
(4) For the purposes of clause (3), a Bench consisting of not less than five Judges, to be nominated by a committee comprising the most senior Judge of the Constitutional Benches and next two most senior Judges from amongst the Judges nominated under clause (1), shall hear and dispose of such matters.
 
(5) All petitions, appeals or review applications against judgments rendered or orders passed, to which clause (3) applies, pending or filed in the Supreme Court prior to commencement of the Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI of 2024), forthwith stand transferred to the Constitutional Benches and shall only be heard and decided by Benches constituted under clause (4).
 
(6) Notwithstanding anything contained in the Constitution but subject to law, the Judges nominated under clause (1) may make rules regulating the practice and procedure of the Constitutional Benches.
 
 
] 546
546   Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 14 (with effect from October 21, 2024).

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