196
| Acting Chief Justice. At any time when-
(a)
|
the office of Chief Justice of a High Court is
vacant, or
|
(b)
|
the Chief Justice of a High Court is absent or
is unable to perform the functions of his office due to any
other cause,
|
the President shall appoint 491[one of the other
Judges of the High Court, or may request one of the Judges of the
Supreme Court] 491, to act as Chief Justice. |
|
197
| Additional Judges. At any time when-
(a)
|
the office of a Judge of a High Court is
vacant; or
|
(b)
|
a Judge of a High Court is absent or is unable
to perform the functions of his office due to any other cause; or
|
(c)
|
for any reason it is necessary to increase the
number of Judges of a High Court,
|
the President may, in the manner provided in clause (1)
of Article 193, appoint a person qualified for appointment as a
Judge of the High Court to be Additional Judge of the Court for such
period as the President may determine, being a period not exceeding
such period, if any, as may be prescribed by law. |
|
198
| Seat of the High Court.
493[(1)] 493
|
Each High Court in existence immediately
before the commencing day shall continue to have its principal
seat at the place where it had such seat before that day.
|
|
494[
(1A)
|
The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad. |
|
] 494 495[
(2)
|
Each High Court and the Judges and
divisional courts thereof shall sit at its principal seat and
the seats of its Benches and may hold, at any place within its
territorial jurisdiction, circuit courts consisting of such of
the Judges as may be nominated by the Chief Justice.
|
|
(3)
|
The Lahore High Court shall have a Bench each at
Bahawalpur, Multan and Rawalpindi; the High Court of Sind shall
have a Bench at Sukkur; the Peshawar High Court shall have a
Bench each at Abbottabad 496[, Mingora] 496 and Dera Ismail Khan and the High Court
of Baluchistan shall have a Bench at Sibi 497[and Turbat] 497.
|
|
(4)
|
Each of the High Courts may have Benches at such
other places as the Governor may determine on the advice of the
Cabinet and in consultation with the Chief Justice of the High Court.
|
|
(5)
|
A Bench referred in clause (3), or established
under clause (4), shall consist of such of the Judges of the
High Court as may be nominated by the Chief Justice from time to
time for a period of not less than one year.
|
|
(6)
|
The Governor in consultation with the Chief Justice of
the High Court shall make rules to provide the following matters,
that is to say,-
(a)
|
assigning the area in relation to which each
Bench shall exercise jurisdiction vested in the High Court; and
|
(b)
|
for all incidental, supplemental or consequential matters. |
|
|
] 495 |
|
199
| Jurisdiction of High Court.
(1)
|
Subject to the Constitution, a High Court may, if
it is satisfied that no other adequate remedy is provided by
law,-
(a)
|
on the application of any aggrieved party,
make an order-
(i)
|
directing a person performing, within
the territorial jurisdiction of the Court, functions in
connection with the affairs of the Federation, a
Province or a local authority, to refrain from doing
anything he is not permitted by law to do, or to do
anything he is required by law to do; or
|
(ii)
|
declaring that any act done or
proceeding taken within the territorial jurisdiction of
the Court by a person performing functions in connection
with the affairs of the Federation, a Province or a
local authority has been done or taken without lawful
authority and is of no legal effect; or
|
|
(b)
|
on the application of any person, make an
order-
(i)
|
directing that a person in custody
within the territorial jurisdiction of the Court be
brought before it so that the Court may satisfy itself
that he is not being held in custody without lawful
authority or in an unlawful manner; or
|
(ii)
|
requiring a person within the
territorial jurisdiction of the Court holding or
purporting to hold a public office to show under what
authority of law he claims to hold that office; or
|
|
(c)
|
on the application of any aggrieved person,
make an order giving such directions to any person or
authority, including any Government exercising any power or
performing any function in, or in relation to, any territory
within the jurisdiction of that Court as may be appropriate
for the enforcement of any of the Fundamental Rights
conferred by Chapter 1 of Part II.
|
|
|
498[
(1A)
|
For removal of doubt, the High 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 clause (1).
|
|
] 498
(2)
|
Subject to the Constitution, the right to move a
High Court for the enforcement of any of the Fundamental Rights
conferred by Chapter 1 of Part II shall not be abridged.
|
|
499[
(3)
|
An order shall not be made under clause (1) on application
made by or in relation to a person who is a member of the Armed
Forces of Pakistan, or who is for the time being subject to any
law relating to any of those Forces, in respect of his terms and
conditions of service, in respect of any matter arising out of
his service, or in respect of any action taken in relation to
him as a member of the Armed Forces of Pakistan or as a person
subject to such law.
|
|
] 499 500[] 500
(4)
|
Where-
(a)
|
an application is made to a High Court for
an order under paragraph (a) or paragraph (c) of clause (1), and
|
(b)
|
the making of an interim order would have
the effect of prejudicing or interfering with the carrying
out of a public work or of otherwise being harmful to public
interest 504[or state property] 504 or of impeding the
assessment or collection of public revenues,
|
the Court shall not make an interim order unless
the prescribed law officer has been given notice of the
application and he or any person authorised by him in that
behalf has had an opportunity of being heard and the Court, for
reasons to be recorded in writing, is satisfied that the interim
order-
(i)
|
would not have such effect as aforesaid;or |
(ii)
|
would have the effect of suspending an
order or proceeding which on the face of the record is
without jurisdiction.
|
|
|
505[
(4A)
|
An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made,
proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made,
taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, State
property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months
following the day on which it is made:
Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order in
made.
|
|
] 505 510[
(4B)
|
Every case in which, on an application under
clause (1), the High Court has made an interim order shall be
disposed of by the High Court on merits within six months from
the day on which it is made, unless the High Court is prevented
from doing so for sufficient cause to be recorded.
|
|
] 510
(5)
|
In this Article, unless the context otherwise requires,-
|
"person" includes any body politic or corporate, any authority of
or under the control of the Federal Government or of a Provincial
Government, and any Court or tribunal, other than the Supreme Court,
a High Court or a Court or tribunal established under a law relating
to the Armed Forces of Pakistan;
|
|
and "prescribed law officer" means
(a)
|
in relation to an application affecting the
Federal Government or an authority of or under the control of
the Federal Government, the Attorney-General, and
|
(b)
|
in any other case, the Advocate-General for
the Province in which the application is made.
|
|
|
|
|
|
200
| Transfer of High Court Judges
(1)
|
The President may transfer a Judge of a High Court
from one High Court to another High Court, but no Judge shall be
so transferred except with his consent and after consultation
by the President with the Chief Justice of Pakistan and the
Chief Justices of both High Courts 511[:] 511 512[] 512
Explanation.-In this Article, "Judge" does not include a Chief Justice 515[but includes a Judge for the time being acting as Chief Justice
of a High Court other than a Judge of the Supreme Court acting
as such in pursuance of a request made under' paragraph (b) of
Article 196] 515.
|
|
516[
(2)
|
Where a Judge is so transferred or is
appointed to an office other than the principal seat of the High
Court, he shall, during the period for which he serves as a
judge of the High Court to which he is transferred, or holds
such other office, be entitled to such allowances and
privileges, in addition to his salary, as the President may, by
Order, determine.
|
|
] 516 517[
(3)
|
If at any time it is necessary for any
reason to increase temporarily the number of Judges of a High
Court, the Chief Justice of that Court may require a Judge of
any other High Court to attend sittings of the former High Court
for such period as may be necessary and, while so attending the
sittings of the High Court, the Judge shall have the same power
and jurisdiction as a Judge of that High Court:
Provided that
a Judge shall not be so required except with his consent and the
approval of the President and after consultation with the Chief
Justice of Pakistan and the Chief Justice of the High Court of
which he is a Judge.
518[Explanation.- In this Article,
"High Court" includes a Bench of a High Court.] 518
|
|
] 517 519[] 519 |
|
201
| Decision of High Court binding on Subordinate Courts. Subject to Article 189, any decision of a High 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 courts
subordinate to it. |
|
202
| Rules of Procedure Subject to the Constitution and law, a High Court may
make rules regulating the practice and procedure of the Court or of
any court subordinate to it. |
|
475
Substituted by
Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 8
(with effect from
December 1, 1976) for :
(2)
|
Notwithstanding anything contained in Article 175, any two provinces may, with the consent of the President, agree that there
shall be a common High Court for the two Provinces, and the President shall establish a common High Court accordingly.
Explanation.- The Sind and Baluchistan High Court as functioning immediately before the commencing day shall be deemed to
have been established under this clause.
|
|
(3)
|
A High Court established under clause (2) shall have jurisdiction in both the Provinces for which it has been established. |
|
(4)
|
The agreement referred to in clause (2) shall contain such incidental and consequential provisions, including provisions relating
to sharing of expenditure connected with the high Court, as may appear necessary or desirable for giving effect to the purposes
of the agreement and shall specify by which Governor any function which is to be discharged by the Governor of a Province
under this Chapter shall be discharged in respect of the High Court, and the Governor so specified shall have the power to
discharge that function.
|
|
476
For such Order in respect of establishment of High Courts for Baluchistan and Sind, see the President's Order No. 6 of 1976
of November 29, 1976, Gazette of Pakistan, 1976, Extraordinary, Part I, pages 595-99.
478
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 69(i)
(with effect from
April 19, 2010) for :
(1)
|
A Judge of a High Court shall be appointed by the
President after consultation-
(a)
|
with the Chief Justice of Pakistan; |
(b)
|
with the Governor concerned; and |
except where the appointment is that of Chief
Justice, with the Chief Justice of the High Court.
|
|
479
Substituted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 15
(with effect from
October 21, 2024) for :
(2)
|
A person shall not be appointed a Judge of a High
Court unless he is a citizen of Pakistan, is not less than
480[forty-five] 480
years of age, and-
(a)
|
he has for a period of, or for periods
aggregating, not less than ten years been an advocate of a
High Court (including a High Court which existed in Pakistan
at any time before the commencing day); or
|
(b)
|
he is, and has for a period of not less
than ten years been, a member of a civil service prescribed
by law for the purposes of this paragraph, and has, for a
period of not less than three years, served as or exercised
the functions of a District Judge in Pakistan; or
|
(c)
|
he has, for a period of not less than ten
years, held a judicial office in Pakistan.
|
482[Explanation.-In computing the period during
which a person has been an advocate of a High Court or held
judicial office, there shall be included any period during which
he has held judicial office after he became an advocate or, as
the case may be, the period during which he has been an advocate
after having held judicial office.] 482
|
|
488
The following was omitted by
Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 37
(with effect from
March 2, 1985) : :
489[
(2)
|
The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment)
Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four 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-two years; or
|
(b)
|
to assume the office of the most senior of the other Judges of the High 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 a High Court under clause (2), the Judges 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 a High Court, otherwise than under Article 196, shall not again be appointed
to be the Chief Justice of that High Court.
|
|
(5)
|
The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275. |
|
] 489 490[
(6)
|
Notwithstanding anything contained in clause (1) or clause (2), a Chief Justice of a High Court who attains the age of sixty-two
years before he has held that office for a term of four years may continue to hold that office until he has completed that
term.
|
|
] 490
498
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 16
(with effect from
October 21, 2024).
499
Substituted by
Constitution (First Amendment) Act, 1974 (33 of 1974), Section 9
(with effect from
May 4, 1974) for :
(3)
|
An order shall not be made under clause (1) on application made by or in relation to a member of the Armed Forces of Pakistan
in respect of his terms and conditions of service, in respect of any matter arising out of his service or in respect of any
action taken in relation to him as a member of the Armed Forces of Pakistan.
|
|
500
The following was omitted by
Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 40(1)
(with effect from
March 2, 1985) : :
501[
(3A)
|
Notwithstanding any judgment of any Court, including any judgment in respect of the powers of Courts relating to judicial
review, a High Court shall not, under this Article:-
(a)
|
make an order relating to the validity or effect of,any Martial Law Regulation made by the Chief Martial Law Administrator
or any Martial Law Order made by the Chief Martial Law Administrator or a Martial Law Administrator or of anything done, or
intended to be done or taken, thereunder;
|
(b)
|
make an order relating to the validity or effect of any judgment or sentence passed by a Military Court or Tribunal; |
(c)
|
grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of a Military
Court or Tribunal extends and of which cognizance has been taken by a Military Court or Tribunal; or
|
(d)
|
issue any process against the Chief Martial Law Administrator or a Martial Law Administrator or any person acting under the
authority of either.
|
|
|
(3B)
|
Every such order, injunction or process as is referred to in clause (3-A) made, granted or issued at any time before or after
the commencement of the Constitution (Amendment)Order, 1980, shall, notwithstanding any judgment of any Court, be null and
void and of no effect whatsoever and any proceedings for the making, granting or issue Of such order, injunction or process
which may be pending before any Court, including the Supreme Court and a High Court, shall abate.
|
|
(3C)
|
The Proclamation of the fifth day of July 1977, all President's Orders, Orders of the Chief Martial Law Administrator, Martial
Law Regulations and Martial Law Orders made on or after the fifth day of July 1977, are hereby declared, notwithstanding any
judgment of any Court, to have been validly made.
|
|
] 501 502[
(3A)
|
A High Court shall not make under this Article:-
(a)
|
an order prohibiting the making, or suspending the operation,of an order for the detention of any person under any law providing
for preventive detention;
|
(b)
|
an order for the release on bail of any person detained under any law providing for preventive detention; |
(c)
|
an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against
whom a report or complaint has been made before any court or tribunal, or against whom a case has been registered at any police
station, in respect of an offence, or who has been convicted by any court or tribunal.
|
(d)
|
an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any court
or tribunal, in respect of an offence; or
|
(e)
|
any other interim order in respect of any person referred to in any of the preceding paragraphs. |
|
|
(3B)
|
Every such order as is referred to in clause (3A) made at any time after the commencement of the Constitution (Fourth Amendment)
Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any
High Court shall abate.
|
|
(3C)
|
The provisions of clauses (3A) and (3B) shall also apply to the disposal of an application in a petition for leave to appeal
or in an appeal, from an order such as is referred to in the said clause (3A) that my be pending-before the Supreme Court
immediately before the commencement of the Constitution (Fifth Amendment) Act, 1976.
|
|
] 502
502
Substituted by
Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 11
(with effect from
September 16, 1976) for :
503[
(3A)
|
A High Court shall not make an order under clause (1):-
(a)
|
prohibiting the making of an order for the detention of a person, or |
(b)
|
for the grant of bail to a person detained, under any law providing for preventive detention. |
|
|
] 503
505
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 72
(with effect from
April 19, 2010) for :
506[
(4A)
|
An interim order made by a High Court on
an application made to it to question the validity or legal
effect of any order made, proceeding taken or act done by any
authority or person, which has been made, taken or done or
purports to have been made, taken or done under any law which is
specified in part I of the First Schedule or relates to, or is
connected with, 507[State Property or] 507 assessment or
collection of public revenues shall cease to have effect on the
expiration of a period of 508[six months] 508 following the day
on which it is made, 509[provided that the matter shall be
finally decided by the High Court within six months from the date on
which the interim order is made] 509.
|
|
] 506
512
The following was omitted by
Constitution (Eighteenth Amendment) Act, 2010, Section 73(i)
(with effect from
April 19, 2010) : :
513[Provided
that such consent, or consultation with the Chief Justices of
the High Courts, shall not be necessary if such transfer is for a
period not exceeding 514[two years] 514 at a time.] 513
516
Substituted by
Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 41
(with effect from
March 2, 1985) for :
(2)
|
When a judge is so transferred, he shall, during the period for which he serves as a judge of the High Court to which he is
transferred, be entitled to such compensatory allowance, in addition to his salary, as the President may, by Order, determine.
|
|
519
The following was omitted by
Constitution (Eighteenth Amendment) Act, 2010, Section 73(ii)
(with effect from
April 19, 2010) : :
520[
(4)
|
A Judge of a High Court who does not accept
transfer to another High Court under clause (1) 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.
|
|
] 520
521
Inserted by Constitution (Twenty-sixth Amendment) Act, 2024 (26 of 2024), Section 17
(with effect from
October 21, 2024).