Supreme court’s judges power and functions.

1. Introduction:
The Supreme Court of Pakistan is established as the final court of appeal in the
country. It holds constitutional authority and is tasked with overseeing the
implementation of justice across all lower courts. The judges of the Supreme Court are
entrusted with not only resolving disputes but also ensuring that the Constitution of
Pakistan is upheld and interpreted correctly. Their power is vast, enabling them to
exercise judicial review, hear appeals, and issue orders on a wide range of legal
matters, including issues of national significance.

2. Power of Supreme Court Judges:

The power of the judges of the Supreme Court is derived directly from the Constitution
of Pakistan, primarily through Article 175-A, Article 184, Article 185, and other
constitutional provisions. Below are the key powers vested in them:

2.1. Judicial Review:

The Supreme Court has the power of judicial review, which allows it to review the
constitutionality of laws and executive actions. This is one of the most important powers
as it ensures that all laws and governmental actions align with the Constitution and do
not infringe upon fundamental rights.

● Constitutionality of Laws: The Supreme Court can examine and declare any
law passed by the legislature as unconstitutional if it contradicts the principles of
the Constitution.
● Scrutiny of Executive Actions: The court can review executive actions,
ensuring they are lawful and do not exceed the powers granted to the executive
by the Constitution.

2.2. Original Jurisdiction:

Under Article 184, the Supreme Court has original jurisdiction in any dispute between
two or more governments (federal or provincial). In such matters, the Supreme Court is
the exclusive forum for resolving the dispute.

● Disputes Between Governments: The Supreme Court has the sole authority to
hear disputes involving the Federal Government and Provincial Governments,
ensuring that constitutional issues between different levels of government are
resolved at the highest level.

2.3. Appellate Jurisdiction:

The Supreme Court also holds appellate jurisdiction, which means it has the authority
to hear appeals from decisions made by lower courts, including the High Courts.

● Civil and Criminal Appeals: The Supreme Court hears appeals from High Court
judgments in civil and criminal matters, providing a final opportunity for parties to
seek justice in important cases.
 ● Constitutional Appeals: The Court can entertain appeals involving the
interpretation of the Constitution and can reverse or uphold decisions made by
High Courts on constitutional matters.

2.4. Writ Jurisdiction:

In addition to its appellate functions, the Supreme Court has the power to issue writs,
just like the High Courts. This enables the Supreme Court to ensure that justice is done
in cases where a person's fundamental rights are violated.

● Protection of Fundamental Rights: The Supreme Court can issue writs such
as Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto to
protect fundamental rights and ensure that the laws are followed by authorities.

2.5. Advisory Jurisdiction:

Under Article 186, the Supreme Court has the authority to give advisory opinions to the
President of Pakistan on any matter of law or public importance. While these opinions
are not binding, they carry great legal weight and can guide government policies.

● Opinion on Constitutional Matters: The President can seek the advice of the
Supreme Court on constitutional matters, helping ensure that decisions made by
the executive are legally sound.

2.6. Suo Motu Actions:

The Supreme Court has the power to take suo motu (on its own motion) notice of any
matter it deems important, especially issues that involve the violation of fundamental
rights, public interest, or the Constitution.

● Filling Gaps in Legal Protection: The Court can independently address issues
without waiting for a formal case to be brought before it, ensuring that urgent
matters affecting the public or national interest are addressed promptly.

3. Functions of Supreme Court Judges:

The functions of Supreme Court judges go beyond merely resolving legal disputes. Their
role is pivotal in upholding the integrity of the Constitution, guiding the judicial process,
and interpreting laws that affect national policies. Some of the primary functions of
Supreme Court judges are outlined below:

3.1. Interpretation of the Constitution:

One of the most critical functions of Supreme Court judges is to interpret the
Constitution, particularly in cases where its application is ambiguous or requires
clarification.

● Guiding Legal Precedents: The Supreme Court's interpretation of constitutional

provisions helps shape future legal decisions and establishes precedents that
lower courts must follow.
● Balancing Powers: By interpreting the Constitution, the Supreme Court helps
ensure that the powers of the executive, legislature, and judiciary are balanced,
preventing any branch from exceeding its authority.
3.2. Ensuring Fundamental Rights:

The Supreme Court plays a vital role in ensuring the protection of fundamental rights
as enshrined in Chapter 1 of Part II of the Constitution.

● Protection of Personal Freedoms: The Court ensures that individual rights,

including freedom of speech, freedom from unlawful detention, and protection
from torture, are upheld.
● Judicial Remedies for Rights Violations: When violations of fundamental
rights occur, the Supreme Court can provide remedies, ensuring that those
whose rights have been infringed are granted justice.

3.3. Resolving Constitutional and Public Importance Cases:

The Supreme Court is the ultimate forum for cases of national and constitutional
significance. It is tasked with resolving issues that affect the national interest, public
policy, and the functioning of government institutions.

● Disputes Between Provinces and Federal Government: When conflicts arise

between different levels of government, the Supreme Court serves as the final
arbitrator.
● Critical National Issues: The Court addresses critical matters such as electoral
disputes, the legality of government actions, and the interpretation of national
policies.

3.4. Ensuring Justice in Criminal and Civil Cases:

The Supreme Court ensures that justice is done by providing a final decision in serious
criminal and civil cases.

● Appeals in Criminal Cases: The Court decides appeals in serious criminal

cases, particularly those involving life imprisonment or the death penalty.
● Civil Appeals: The Court hears appeals in complex civil disputes, ensuring that
justice is served in cases involving significant public or private interests.

3.5. Setting Legal Precedents:

The Supreme Court's decisions create binding precedents that influence how laws are
applied and interpreted across Pakistan.

● Influence on Lower Courts: The rulings made by Supreme Court judges are
binding on all lower courts, which ensures consistency and uniformity in legal
judgments.

4. Appointment of Supreme Court Judges:

Supreme Court judges are appointed through a detailed process, ensuring their
independence and impartiality.

● Selection by the Judicial Commission: Judges are appointed by the President

of Pakistan, based on recommendations made by the Judicial Commission, as
prescribed by Article 175-A.
 ● Qualifications: To be eligible for appointment, a person must have served as a
judge in a High Court for at least five years or have been an advocate in a High
Court for a period of at least fifteen years.

5. Relevant Constitutional Provisions:

The powers and functions of Supreme Court judges are defined and outlined in several
key provisions of the Constitution of Pakistan. These include:

● Article 175-A: Establishes the method for the appointment of judges.

● Article 184: Grants the Supreme Court original jurisdiction in disputes between
governments.
● Article 185: Defines the appellate jurisdiction of the Supreme Court.
● Article 186: Allows the Supreme Court to give advisory opinions.
● Article 199: Grants the Supreme Court the power to issue writs.

6. Conclusion:
The power and functions of Supreme Court judges are central to the judicial system of
Pakistan. As the ultimate arbiter of legal disputes, the Supreme Court ensures that
justice is served, the Constitution is upheld, and the rule of law is maintained. The
judges' powers of judicial review, appellate jurisdiction, writ jurisdiction, and advisory
roles empower them to address constitutional issues, safeguard fundamental rights, and
resolve disputes of national importance. Their role as interpreters of the Constitution
makes them key players in the democratic and legal framework of Pakistan. The
independence and authority of Supreme Court judges are critical to ensuring that
Pakistan's legal system remains fair, just, and in line with the rule of law.