The Judicature 5 Article 175

2. THE JUDICATURE
(Extract form the Constitution of Pakistan, 1973)
THE COURTS
2.1 Establishment and jurisdiction of courts
1
175. (1) There shall be a Supreme Court of Pakistan, a High Court for each Province [and
a High Court for the Islamabad Capital Territory] and such other courts as may be established
by law.
2
[Explanation.—Unless the context otherwise requires, the words “High Court”
wherever occurring in the Constitution shall include “Islamabad High Court”.]
(2) No court shall have any jurisdiction save as is or may be conferred on it by the
Constitution or by or under any law.
(3) The Judiciary shall be separated progressively from the Executive within
3
[fourteen] years from the commencing day 4[:]
5
[...]

2.2 Appointment of Judges to the Supreme Court, High Courts and the Federal ShariatCourt

6
[175A. (1) There shall be a Judicial Commission of Pakistan, herein in this Article
referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts
and the Federal Shariat Court, 7[and for performance evaluation of Judges of the High
Courts,] as hereinafter provided.
8[(2)] For appointment of Judges of the Supreme Court, the Commission shall consist of—

(i) Chief Justice of Pakistan; Chairperson

(ii) three most senior Judges of the Supreme Members
Court;

1 Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (X of 2010).

2 Subs. by the Constitution (Nineteenth Amendment) Act, 2011(I of 2011)
3 Subs. by P.O.No. XIV of 1985, Art. 2 and Sch., for "five".
4 Subs. by the Constitution (Twenty-Third Amendment) Act, 2017 (12 of 2017) w.e.f 07-01-2017, shall stand repealed
on the expiry of two years on 06-01-2019.
5 Proviso and Explanation shall repealed ibid.
6 New Article 175A ins.by Act X of 2010
7 Ins. by the Constitution (Twenty sixth Amendment) Act, 2024 (XXVI of 2024), dated 21-10-2024
8 Subs. by the Constitution (Twenty sixth Amendment) Act, 2024 (XXVI of 2024), dated 21-10-2024

Compiled by Supreme Court of Pakistan, Library

 The Judicature 6 Article 175A

(iii) Most senior Judge of the Constitutional Benches; Member

(iv) Federal Minister for Law and Justice; Member
(v) Attorney-General for Pakistan; Member
(vi) an advocate having not less than fifteen years of practice in the
Supreme Court to be nominated by the Pakistan Bar Council for a Member
term of two years;
(vii) two members from the Senate and two members from the National Members
Assembly of whom two shall be from the Treasury Benches, one
from each House, and two from the Opposition Benches, one from
each House. The nomination from the Treasury Benches shall be
made by the Leader of the House and from the Opposition Benches
by the Leader of the Opposition:

Provided that during the time when the National Assembly stands
dissolved, the remaining two members, for the purpose of this
paragraph, shall be nominated from the Senate in the manner as
aforesaid, for such period;
(viii) a woman or non-Muslim, other than a member of Majlis-e-Shoora Member
(Parliament), who is qualified to be a member of the Senate as a
technocrat, to be nominated by the Speaker of the National
Assembly for a term of two years.

Explanation.—If the most senior Judge of the Constitutional Benches is the Chief
Justice of Pakistan or is from amongst the Judges in paragraph (ii) of clause (2), the
Judge who is next in seniority below the Judges referred in paragraph (ii) of clause (2)
shall become member of the Commission.

1[(3)] Notwithstanding anything contained in clause (I), or clause (2), the Chief Justice of
Pakistan shall be nominated by the Special Parliamentary Committee, in this
Article referred to as the Committee, from amongst the three most senior Judges
of the Supreme Court. The Committee shall send the name of the nominee to the
Prime Minister who shall forward the same to the President for appointment:
Provided that where the nominee under this clause declines a Judge from
the remaining Judges amongst the three most senior Judges shall be considered
and nominated:
Provided further that where the nominee under first proviso also declines
the next most senior Judge if he is not from amongst the three most senior Judges
shall be considered and nominated by the Committee and so on till the nominee
under this clause is appointment as the Chief Justice of Pakistan.

1. Subs. by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
 The Judicature 7 Article 175A
1[(3A) The Committee shall consist of the following twelve members, namely:—

(i) eight members from the National Assembly; and

(ii) four members from the Senate:

Provided that when the National Assembly stands dissolved, the total
membership of the Committee shall consist of the members from the Senate only
mentioned in paragraph (ii) and the provisions of this Article shall, mutatis
mutandis, apply.

(3B) The Parliamentary Parties shall have proportional representation on the

Committee, based on their strength in Mailis-e-Shoora (Parliament), to be
nominated by their respective Parliamentary Leaders, The Chairman and the
Speaker of the National Assembly, as the case may be, shall notify members of the
Committee.

(3C) The Committee, by the majority of not less than two-thirds of its total membership,
within fourteen days prior to the retirement of the Chief Justice of Pakistan shall
send the nomination as provided in clause (3):

Provided that the first nomination under clause (3), after commencement of
the Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI of 2024), shall be
sent within three days prior to the retirement of the Chief Justice of Pakistan.

(3D) No action or decision taken by the Commission or the Committee shall be invalid
or called in question only on the ground of existence of a vacancy therein or of the
absence of any member from any meeting thereof.

(3E) The meetings of the Committee shall be held in camera and the record of its
proceedings shall be maintained.

(3F) The provisions of Article 68 shall not apply to the proceedings of the Committee.

(3G) The Committee may make rules for regulating its procedure.]

2[(4)] The Commission may make rules regulating its procedure including the procedure
and criteria for assessment, evaluation and fitness for appointment of Judges.]

1. Ins. by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
2. Subs. by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
 The Judicature 8 Article 175A

(5) For appointment of Judges of a High Court, the Commission in clause (2)
shall also include the following, namely:—

(i) Chief Justice of the High Court to which Member

the appointment is being made;
(ii) 1[Head of Constitutional Benches of that Member

High Court;]
(iii) Provincial Minister for Law; and Member
2[(iv) an advocate having not less than fifteen Member
years practice in the High Court to be
nominated by the concerned Bar Council
for a term of two years 1[.] ]

3[Explanation.—IfHead of Constitutional Benches of a High Court is the Chief Justice

of that High Court, the Judge who is next in seniority shall become member of the
Commission.]
2[ 1[Provided that for appointment of the Chief Justice of a High Court the Judge mentioned
in paragraph (ii), if he is the most senior Judge of a High Court, shall not be member of the
Commission:]

Provided further that if for any reason the Chief Justice of High Court is not available,
he shall be substituted by a former Chief Justice or former Judge of that Court, to be
nominated by the 1[Commission] 1[:]
3[Provided also that the amendments in paragraph (ii) and first proviso shall take effect
on coming into force of Article 202A for the respective High Courts.]

(6) For appointment of Judges of the Islamabad High Court, the Commission in
clause (2) shall also include the following, namely:—

(i) Chief Justice of the Islamabad High Court; Member 4[…]

(ii) 1[Head of Constitutional Benches of that High Court 1[;] Member

1. Subs. by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
2. Substituted by the Constitution (Nineteenth Amendment) Act, 2011(I of 2011)
3. Ins. by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
4. Omitted by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024

Compiled by Supreme Court of Pakistan, Library

 The Judicature 9 Article 175A

1[(iii) an advocate having not less than fifteen years of practice in the High
Court to be nominated by the Islamabad Bar Council for a term of two
years; and

(iv) a Federal Minister nominated by the Prime Minister:]

Provided that for initial appointment of the 2[Chief Justice and the] Judges of the
Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be
members of the Commission:

Provided further that subject to the foregoing proviso, in case of appointment of Chief
Justice of Islamabad High Court, the 1[Explanation and] provisos to clause (5) shall, mutatis
mutandis, apply.

(7) For appointment of Judges of the Federal Shariat Court, the Commission in
clause (2) shall also include the Chief Justice of the Federal Shariat Court and the most senior
Judge of that Court as its members:

Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos,
to clause (5) shall, mutatis mutandis, apply.
3[(8) The Commission, by the majority of its total membership, shall nominate one person
for each vacancy of a Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case
may be, to the Prime Minister who shall forward the same to the President for appointment.]
4[…]

(11) Secretary, 3[National Assembly] shall act as the Secretary of the Committee.
5[…]

[(18) The Commission in clause (2) shall conduct an annual performance evaluation of Judges of the High
Courts.

(19) If the performance of a Judge of a High Court is found by the Commission to be inefficient, it shall
grant him such period for improvement, as it deems appropriate. If, upon completion of the period
so granted, the performance of such Judge is again found to be inefficient, the Commission shall
send its report to the Supreme Judicial Council.

(20) The Commission may make separate rules for setting up effective standards for performance
evaluation for the purpose of clauses (18) and (19).

1. Ins. by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
2. Subs. by the Constitution (Nineteenth Amendment) Act, 2011 (I of 2011).
3. Subs. by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
4. Clauses (9) and (10) omitted by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024.
5. Clauses (12) to (17) omitted by the Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024.

Compiled by Supreme Court of Pakistan, Library

 The Judicature 10 Article 175A

(21) For the purposes of this Article and subject to the rules made by the Commission, there shall
be a secretariat of the Commission to be headed by a secretary and shall include such other
officers and staff, as may be necessary.

(22) One-third of the members of the Commission may requisition a meeting of the Commission by
sending a written request to the Chairperson who shall convene the meeting of the
Commission not later than fifteen days from the receipt of such requisition. If the Chairperson
fails to convene a meeting within the aforesaid period, the secretary shall convene the meeting
within seven days of the expiry of the aforesaid period.

(23) For each anticipated or actual vacancy of a Judge in the Supreme Court, the Chief Justice of the
Federal Shariat Court, the Chief Justice of a High Court, a Judge in the Federal Shariat Court or
a Judge in a High Court, any member of the Commission may give nominations in the
Commission for appointment against such vacancy.

THE SUPREME COURT OF PAKISTAN

2.3 Constitution of Supreme Court

176. The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of
Pakistan and so many other Judges as may be determined by Act of 1[Majlis-e-Shoora
(Parliament)] or, until so determined, as may be fixed by the President.

2.4 Appointment of Supreme Court Judges

2
177. [(1) The Chief Justice of Pakistan and each of the other Judges of t Supreme Court shall be
appointed by the President in accordance with Article 175A.]

3[(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].

_____________________________________________________
1 Subs .by the Revival of the Constitution of 1973 Order, 1985 (P.O.No. XIV of 1985), Art.2 for "Parliament".
2 Sub by the Constitution (Eighteenth Amdt.) Act, 2010 (X of 2010), for “clause (1)
3 Subs. by Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024

Compiled by Supreme Court of Pakistan, Library

The Judicature 11 Article 178

2.5 Oath of Office

178. Before entering upon office, the Chief Justice of Pakistan 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.

THIRD SCHEDULE
Oaths of office
Chief Justice of Pakistan or of a High Court or Judge of the
Supreme Court or a High Court.
[Articles 178 and 194]

(In the name of Allah, the most Beneficent,

the most Merciful)
I, , do solemnly swear that I will bear true
faith and allegiance to Pakistan:

That, as Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or
Chief Justice or a Judge of the High Court for the Province or Provinces of
……..……………….), I will discharge my duties, and perform my functions, honestly, to
the best of my ability, and faithfully, in accordance with the Constitution of the Islamic
Republic of Pakistan and the law:

That I will abide by the code of conduct issued by the Supreme Judicial Council:

That I will not allow my personal interest to influence my official conduct or my

official decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to
law, without fear or favour, affection or ill-will.

[May Allah Almighty help and guide me (A‘meen).

Compiled by Supreme Court of Pakistan, Library

The Judicature 12 Article 179

2.6 Retiring age

1
[179. 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 2[:]

2[Providedthat the term of the Chief Justice of Pakistan 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 Pakistan on completion of his term of three
years shall stand retired notwithstanding his age of superannuation.]

2.7 Acting Chief Justice

180. At any time when—

a) the office of Chief Justice of Pakistan is vacant; or

b) the Chief Justice of Pakistan is absent or is unable to perform the functions of
his office due to any other cause,

the President shall appoint 3[the most senior of the other Judges of the Supreme Court] to act
as Chief Justice of Pakistan.

2.8 Acting Judges

181. (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.
4[Explanation.—In this clause, ‘Judge of a High Court’ includes a person who has retired as a
Judge of a High Court.]

(2) An appointment under this Article shall continue in force until it is revoked by
the President.

--------------------------------------------------
1. Article 179 subs by the Constitution (Seventeenth Arndt.) Act, 2003 (III of 2003)
2. Subs.& added by Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
3. Subs by P.O. No XIV of 1985
4. Explanation added by the Constitution (Amdt.) Order, 1982 (P.O.No.II of 1982).

Compiled by Supreme Court of Pakistan, Library

 The Judicature 13 Article 179
2.9 Appointment of ad-hoc Judges

182. 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 Pakistan 1[in
consultation with the Judicial Commission as provided in clause (2) of Article 175A,] may, 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.

2.10 Seat of the Supreme Court

183. (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 sit in such other places as the Chief
Justice of Pakistan, with the approval of the President, may appoint.

(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 2appoint.
2.11 Jurisdiction of Supreme Court
Original Jurisdiction of Supreme Court

184. (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 1 of Part II is involved, have the power to make an
order of the nature mentioned in the said Article 3[:]
3[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.]
-----------------------------
1. Inserted by the Constitution (Nineteenth Amendment) Act, 2010 (Act I of 2011).
2. For appointment of Rawalpindi as the seat of the Supreme Court, see Gaz.of Pak., 1974, Pt. 11, p. 1387
3. Subs.& added by Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024

Compiled by Supreme Court of Pakistan, Library

The Judicature 14 Article 185

Appellate jurisdiction of Supreme Court

185. (1) Subject to this article, 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 in dispute in appeal is, not less than 1[One
Million] rupees or such other sum as may be specified in that behalf by Act of
2[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 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 sub- stantial 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.
Advisory Jurisdiction
186. (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.

1. Subs by Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
2. Subs .by the Revival of the Constitution of 1973 Order, 1985 (P.O.No. XIV of 1985), Art.2 for "Parliament".
Compiled by Supreme Court of Pakistan, Library
 The Judicature 15 Article 185
Power of Supreme Court to transfer cases
1
[186A. 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.]
Issue and execution of processes of Supreme Court
2
187. (1) [Subject to clause (2) of Article 175, the] 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 3[:]
3[Provided
that no order under this clause shall be passed otherwise than in
pursuance of any jurisdiction vested in and exercised by the Supreme Court.]
(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.

Review of judgments of orders by the Supreme Court

188. The Supreme Court shall have power, subject to the provisions of any Act of
4
[Majlis- e-Shoora (Parliament)] and of any rules made by the Supreme Court,
to review any judgmentpronounced or any order made by it.
Decisions of Supreme Court binding on other Courts
189. 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.
Action in aid of Supreme Court
190. All executive and judicial authorities throughout Pakistan shall act in aid of the
Supreme Court.
Rules of procedure
191. Subject to the Constitution and law, the Supreme Court may make rules
regulating the practice and procedure of the Court.
1. Subs by Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
2. Subs. by the Constitution (Fifth Amdt.) Act, 1976 for "The" (w.e.f.the 13th September, 1976)
3. Subs and added by Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024
4. Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O.No. XIV of 1985), Art.2 for "Parliament”

Compiled by Supreme Court of Pakistan, Library

The Judicature 16 Article 185
1[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 (1) 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 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 Article186.

(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 (I) may make rules regulating the practice and
procedure of the Constitutional Benches.]

1. Ins. by Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024

Compiled by Supreme Court of Pakistan, Library

The Judicature 16 Article 204

2.12 Appeal to the Supreme Court against the decision of Federal Shariat Court
Article 203F.(1) Any party to any proceedings before the Court under Article
203D aggrieved by the final decision of the Court in such a proceedings may, within
sixty days of such decision, prefer an appeal to the Supreme Court 1[:]
2[Provided that an appeal on behalf of the Federation or of a Province may be
preferred within six months of such decision.]
(2) The Provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8)
of Article 203E shall apply to and in relation to the Supreme Court as if reference in
those provisions to Court were a reference to the Supreme Court.
3[(2A.) An appeal shall lie to the Supreme Court from any judgment, final order
or sentence of the Federal Shariat Court –

(a) if the Federal Shariat Court has on appeal reversed an order of acquittal
of an accused person and sentenced him to death or imprisonment for
life or imprisonment for a term exceeding fourteen years; or, on revision,
has enhanced asentence as aforesaid; or
(b) if the Federal Shariat Court has imposed any punishment on any person
for contempt of the Court.
(2B) An appeal to the Supreme Court from a judgment, decision, order or
sentence of the Federal Shariat Court in a case to which the preceding clauses do not
apply shall lie only if the Supreme Court grants leave to appeal.]
1[(3)] For the purpose of the exercise of the jurisdiction conferred by this
Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat
Appellate Bench and consisting of-

(a) three Muslim Judges of the Supreme Court; and

(b) not more than two Ulema to the appointed by the President to attend
settings of the Bench as ad-hoc members thereof from amongst the
Judges of the Federal Shariat Court or from out of a panel of Ulema to be
drawn up by the President in consultation with the Chief Justice.

(4) A person appointed under paragraph (b) of clause (3) shall hold office
for such period as the President may determine.
(5) Reference in clauses (1) and (2) to “Supreme Court” shall be construed as a
reference to the Shariat Appellate Bench.
(6) While attending sittings of the Shariat Appellate Bench, a person
appointed under paragraph (b) of the clause (3) shall have the same
power and jurisdiction, and be entitled to the same privileges, as a Judge
of the Supreme Court and be paid such allowances as the President may
determine.]

1
Subs. by Constitution (Third Amdt) order, 1983
2. Added ibid.
3. Ins. by Constitution (Second Amdt) order, 1982

Compiled by Supreme Court of Pakistan, Library

The Judicature 16 Article 204

2.13 Contempt of Court

204. (1) In this Article, “Court” means the 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.
2.14 Supreme Judicial Council
1[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 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.

(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.
1. Subs. by Constitution (Twenty sixth Amendment) Act, 2024(XXVI of 2024), dated 21-10-2024

Compiled by Supreme Court of Pakistan, Library

The Judicature 16 Article 204

(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, 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 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,

the Council, on its own motion or on receipt of report from the Commission
under clause (19) of Article l75A or on the direction of the President, shall
inquire into the matter.

(6) If, after inquiring into the matter, without unnecessary delay and incase of
report or direction under clause (5), within six months, 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; and

(b) 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 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.]

2.15 Administrative Courts and Tribunals

Article 212(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.

Compiled by Supreme Court of Pakistan, Library