495
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 22(a)
(with effect from
November 13, 2025).
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".
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
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".
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".
519
Substituted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 27
(with effect from
November 13, 2025) for "Pakistan".
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".
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
534
Inserted by Constitution (Twenty-seventh Amendment) Act, 2025, Article 33(a)
(with effect from
November 13, 2025).
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).
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).