Syllabus Revision Program by Islami Jamiat Talba,

For Batch 19-24,

Punjab University Law College.

Subject: Constitutional Law (LL.B Part IV)

CONSTITUTION OF PAKISTAN,1973

1) PRESIDENT OF PAKISTAN
INTRODUCTION

The Governor-General of Pakistan has been the representative of the British Monarch in Pakistan
since independence in 1947. However, the office of the Governor General was abolished when
Pakistan was proclaimed a republic through the Constitution of Pakistan 1956. After this,
Pakistan becomes a Presidential republic through the Constitution of Pakistan 1962. It was
finally through the Constitution of Pakistan 1973 that a parliamentary system of government was
introduced in Pakistan. This parliamentary system of government has been modified several
times since its inception. In the existing parliamentary system of government, the President of
Pakistan is considered the ceremonial head of the state.

RELEVANT PROVISIONS

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Articles 41, 43, 44, 47, and 49 of the 1973 Constitution of Pakistan 1973 deal with the
Qualification, election office and impeachment of the president.

OFFICE OF PRESIDENT; ARTICLE 41(1)

According to the 1973 constitution of Pakistan President is the constitutional Head of the state
and represents the unity of the Republic. He is merely a constitutional head because
responsibility for administration rests with the Prime Minister.

QUALIFICATION FOR THE ELECTION AS PRESIDENT

According to article 41(2) following are the qualifications of the president of Pakistan.

i He must be a citizen of Pakistan

ii The candidate for presidency must be a Muslim by faith.
iii He must not be less than 45 years of age.
iv He should not hold any office of profit in service of Pakistan.
v He must be a person who is qualified to be elected as a member of the National
Assembly.
vi He should be fit mentally and physically.

MODE OF ELECTION OF PRESIDENT OF PAKISTAN

Under article 41 follow the method of election of the president of Pakistan.

a. Electoral College; A-41(3)

Under article 41(3) the President shall be elected by the members of the Electoral College.

b. Composition of Electoral College

The members of the electoral college are following

i members of both houses of Parliament

ii members of all the provincial assembly.

PROCEDURE FOR THE ELECTION OF PRESIDENT OF PAKISTAN

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Under article 41(3) 2nd Schedule the present of Pakistan is elected in a joint session of
parliament. He is elected indirectly now the provincial assemblies have also been included. In the
election process of the President.

i Chief Election Commissioner

The Chief Election Commissioner shall hold and conduct election to the office of President
and shall be the returning officer for such election.

ii Appointment of presiding officers

The Chief Election Commissioner shall appoint presiding officers to preside at the meeting of
the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the
Provincial Assemblies.

iii Fix time and place for depositing nomination papers

The Chief Election Commissioner shall by public notification fix the time and place for
depositing nomination papers, holding a scrutiny, making withdrawals, if any and holding the
poll, if necessary.

iv Nominations of Candidate

On the fixed day any member of any house shall nominate a candidate and will inform the
nomination. The nomination papers will be signed by the proposer and seconder. The
candidate’s willingness certificate will also be filed. After examination of the nomination
papers Chief Election Commissioner will announce the name of a candidate.

v Voting in Parliament

The Speaker will summons the joint sitting of Parliament’s two houses on the requisition of
an election commissioner. The election will be held under secret ballot. All members will be
given ballot papers and their names will be entered into counterfoils of the ballot book. The
members will cast their votes by putting a mark on the ballot papers.

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vi Counting of Votes

After the polls the votes in favor of different candidates by the parliament will be counted
and the votes polled in provincial assemblies in favor of each candidate shall also, be added
to them The votes in Provincial Assembly shall be multiplied separately by the number of the
seat of smallest assembly and then divided by the number of seats concerned assembly. The
result of each candidate is announced assembly. The result of each candidate is announced on
the basis of a simple majority by adding the votes in senate and provincial assemblies. The
candidate who secured the majority is declared successful.

OATH FOR THE OFFICE OF PRESIDENT

Under article 42, before entering into the office the successful candidate shall take oath for the
office of the president before the Chief Justice of Pakistan.

TERM OF OFFICE

The tenure of the President of Pakistan is Five years from the day he enters his office.

RESIGN OF PRESIDENT

Under the constitution of Pakistan 1973, the president can resign before the completion of the
tenure of his office. He can resign from office by writing addressed to the speaker..

ACTING PRESIDENT

Under the constitution of Pakistan 1973, if the post of president gets vacant after his resignation,
dismissal, illness, long leave or due to foreign tour, in this case the chairman of the senate will be
acting president of Pakistan.

IMPEACHMENT OF THE PRESIDENT

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 (a) Impeachment can be moved in the parliament when there is an allegation of violation of
the constitution or corruption, or he becomes unable to perform his duties due to mentally
and physically unfitness.
(b) According to the procedure, no less than one-half members of each house may send a
written notice to the speaker or chairman. A copy of the impeachment along with the list
of allegation is sent to the president
(c) On the receipt of the notice speaker, summon the joint session of the parliament within
seven to fourteen days and the president is given full opportunity to defend the allegation.
After hearing in the parliament of the two third majorities of the two houses caste votes in
favour of the resolution then president has to leave the post.

GROUND FOR REMOVAL OF PRESIDENT

Under the following grounds the president of the Pakistan can be removed from his office.

• Physical incapacity
• Mental incapacity
• Violation of the constitution
• Gross misconduct

POWERS OF THE PRESIDENT OF PAKISTAN

Following are the Powers of Pakistan

i. Powers regarding Military

Following are the powers of the President related Military

(a) Appointment
On the advice of the Prime Minister, President appoints the Chairman Joint Chiefs of
Staff Committee, Chief of Army Staff, Chief of Naval Staff and Chief of Air Staff. Even
the President of Pakistan determines their allowances and salaries.
(b) War and Peace Settlement
President possesses the power to declare war and make peace settlements. However, such
power can only be used after making consultation with Prime Minister.

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 (c) Sending of Pakistan Army to other states and united nations organization
President has the power to send Pakistan army for help to other states and United Nations
organizations.
ii. Judicial Power

The President of Pakistan possesses the following judicial powers

(a) Appointment of chief justice of Supreme Court

The chief justice of Pakistan is appointed by the president of Pakistan.
(b) Appointment of Chief Justice of high court
The chief justice of Pakistan is appointed by the president of Pakistan.
(c) Appointment of additional judges of high court
All the additional judges of the high court are appointed by the president of Pakistan.
(d) Fixation of salaries of judges
The salaries and other allowances of the judges are fixed by the president of Pakistan.
(e) Transfer of judges
The president can transfer the judge of one high court to another high court in the
country.
(f) Power of pardon
The president of Pakistan has special powers to pardon the offenders who have been
punished by the courts.
iii. Legislative Powers

The President of Pakistan possesses the following legislative powers.

(a) Summoning of parliament

The president has the power to summon one or both houses of parliament in a joint sitting
to meet at any time and place as he thinks fit.
(b) Address the parliament
The president can address one or both houses of the parliament and can demand the
attendance of all members of parliament.
(c) Right to speak in Parliament
The president has a right to speak in Parliament.

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 (d) Dissolution of National Assembly
The president has the power to dissolve the National Assembly on the advice of Prime
Minister and the assembly will be dissolved within the 48 hours after the advice
(e) Promulgation of ordinance
The president has powers to promulgate the ordinances within Pakistan
(f) Power of referendum
The president has the power to hold a referendum if there is matter of national importance
(g) Appointment of caretakers of cabinet
The president has the power to appoint the care-takers of the cabinet.
iv. Executive Powers
(a) Proclamation of emergency
The president has power to proclaim emergency in the country.
(b) Appointment of governors All the governors of the provinces are appointed by the
president of Pakistan.
(c) Appointment of attorney general of Pakistan
The attorney general of Pakistan is appointed by the president of Pakistan.
(d) Chief election commissioner
The chief election commissioner is appointed by the president of Pakistan.
(e) Members of council of Islamic ideology
Members of Council of common interest are appointed by the president of Pakistan
(f) Members of council of common interest
Members of the Council of common interest are appointed by the president of Pakistan
(g) Members of national economic council
Members of council national economic council are appointed by the president of Pakistan
v. Powers regarding Foreign Affairs

The President of Pakistan has the power to appoint ambassadors to foreign states and
representatives in United Nations Organization. And power to settle foreign affairs.

CONCLUSION

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Pakistan has experienced a kind of political conflict between its President and Prime Minister.
However, some of the recent constitutional amendments have made Prime Minister more
powerful than President. These amendments have aimed to finish the political conflict between
these two constitutional heads.

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 2) PRIME MINISTER OF PAKISTAN

INTRODUCTION

The present constitution of Pakistan 1973 has restored the parliamentary form of Government, in
which the Prime Minster is chief executive and head of Government. Under Article 46 the Prime
Minister is constitutionally bound to keep the president informed on matters of internal and
foreign policy and on all legislative proposals, he intends to bring before the parliament.

RELEVANT PROVISIONS

Article 45, 91, 95 of the constitution of Pakistan.

QUALIFICATION OF PRIME MINISTER

Under the Article 91 of the constitution of Pakistan

• He should be the citizen of Pakistan.

• He should be the member of National Assembly.

• He should not hold any office of profit in the service of Pakistan.

• He should believe on ideology of Pakistan.

• He should be mentally and physically fit.

ELECTION OF PRIME MINISTER, ARTICLE 91

Under Article 91 of the constitution of Pakistan follow is the procedure for the election of the
Prime Minster.
i. Time of Election
The national assembly shall meet on the 21st day following the general and after the election
of the speaker and Deputy Speaker. National Assembly proceeds to elect one of its Muslim
member as Prime Minister and it is done without any debate.

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ii. Election through Majority vote: 91 (2)
The Prime Minister shall be elected by the votes of the majority of total membership of
National Assembly.
iii. Second Poll
If no candidate secures majority of total membership of National Assembly in the first poll,
second poll is held between those candidates, who have secured the two highest numbers of
votes in the first poll. And the candidate, who secures a majority of votes of members present
in second poll, is declared as Prime Minster.
iv. Further Poll
If two or more candidates secure equal votes in second poll, further poll is held between them
until one of them secures a majority of votes of the members present and voting.
v. Oath of the Prime Minster
After election, the Prime Minster takes the oath in the presence of the president.
vi. Vote of Confidence
After taking oath before the president, the Prime Minister shall within a period of sixty days of
oath, obtain a vote of confidence from the National Assembly.

PROCEDURE FOR ADOPTION OF VOTE OF NO CONFIDENCE AGAINST PRIME

MINSTER

Following points are important to explain it.

i. Moving of Resolution

Not less than twenty percent of the total membership of the National Assembly can move a
resolution of National Assembly can move a resolution for a vote of no-confidence against
the Prime Minister.

ii. Voting Upon Resolution

Such resolution should not be voted upon before expiration of three days or later than seven
days from the day on which such resolution is moved in National Assembly.

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iii. When Can Resolution Not Be Moved

Such a resolution should not be moved in National Assembly while National Assembly is
considering demands for those grants, which have been submitted to it in Annual Budget
Statement.

iv. Passing of Resolution

If such a resolution is passed by a majority of the total membership of the National

Assembly, Prime Minster ceases to hold office.

CONCLUSION

To conclude that the Prime Minister is the real executive head of the country. He has a strong
constitutional position. The Prime minister is the chief advisor to the president. He is the leader
of the house and elected for the term of 5 years.

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 3) PRINCIPLES OF POLICY IN CONSTITUTION 1973

INTRODUCTION

The Constitution of Pakistan has set out some principles of policy. And it is not only the
responsibility of each organ and authority of state, but also of each person, who is performing
functions on behalf of an organ or authority of state, to act in accordance with these principles.

RELEVANT PROVISION

Article 29 to 40 of the Constitution of Pakistan.

IMPORTANCE OF PRINCIPLES OF POLICY

The Principles of policy have great importance because it provides guidance to coming
generation.

PRINCIPLES OF POLICY IN CONSTITUTION OF PAKISTAN 1973

i. Islamic Way of life

It is the responsibility of the state to provide facilities to enable Muslims to understand the
meaning of life according to the Holy Quran and Sunnah. And also the responsibility of the
state to teach the Holy Quran and Islamiat, learning of Arabic language, secure correct and
exact printing and publishing of the Holy Quran, observation of Islamic moral stands and
Zakat, Ushr, Auqaf and Mosques.

ii. Discouragement of Prejudices

It is the responsibility of the state to discourage parochial, racial, tribal, sectarian and
provincial prejudices among the citizens.

iii. Promotion of Local Government Institutions

It is the responsibility of the state to encourage local government institutions in such a

manner that such institutions should be composed of elected representatives of the concerned

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 areas and special representation should be given to peasants, workers and women in such
institutions.

iv. Protection of Family

It is the responsibility of the state to protect marriage, family, mother and child.

v. Full Participation of Women in National Life

It is the responsibility of the state to ensure the full participation of women in all spheres of
national life.

vi. Protection of Minorities

It is the responsibility of the state to safeguard the legitimate rights and interests of
minorities. And its also the state’s responsibility to safeguard the due representation of
minorities in federal and provincial services.

vii. Promotion of Social Justice and Eradication of Social Evils

For the promotion of social justice and eradication of social evils, the followings are the
responsibilities of state:

(a) Development of Backward Classes and Areas

It’s state responsibility to promote educational and economic interests of backward classes or
areas.

(b) Removal of Illiteracy

It’s the state’s responsibility to remove illiteracy and provide free and compulsory secondary
education within the minimum possible period.

(c) Technical and Professional Education

It’s the state’s responsibility to make technical and professional education generally available
and higher education equally accessible to all on the basis of merit.

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 (d) Conditions of Work

It’s the state’s responsibility to secure just and humane conditions of work, to ensure that
children and women are not employed in those vocations, which are unsuited to their age or
sex, and to ensure maternity benefits for women in employment.

(e) Prevention of Consumption of Alcoholic Liquor

It’s the state’s responsibility to prevent the consumption of alcoholic liquor especially when
such consumption is not form medicinal purposes and for non-Muslim’s religious purposes.

viii. Promotion of Social and Economic Well-being of People

For the promotion of the social and economic well-being of people, the followings are the
responsibilities of the state:

(a) Standard of Life

The state is responsible to secure the well-being of people, to raise their standard of living, to
prevent the concentration of wealth and means of production and distribution in the hands of
a few, and to ensure equitable adjustment of rights between employers and employees, and
landlords and tenants.

(b) Facilities for Work and Social Security

The state is responsible to provide facilities for work and adequate livelihood with reasonable
rest, leisure and social security by compulsory social insurance or other means.

(c) Elimination of Riba

The state is responsible to eliminate riba as early as possible

(d) Participation of people in armed Forces

The state is responsible to enable people from all parts of Pakistan to participate in Armed
Forces of Pakistan.

ix. Strengthening Bounds with Muslim World and Promoting International Peace

It is a state responsibility to strengthening bounds with Muslim world and promoting

international peace in all forms.

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FINAL ANALYSIS

Finally, I can say that constitution of Pakistan makes President of Pakistan responsible for
preparation of a report on observance and implementation of principles of policy and for
presentation of such report to parliament. And such report should be made each year. The same
responsibility is also for Governor in his/her respective province.

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 4) ISLAMIC PROVISION OF CONSTITUTION OF 1973

INTRODUCTION:

The Constitution of 1973 is more Islamic in character than the previous two constitutions of
Pakistan. In this present constitution, emphasis was made to establish a real Islamic system in all
aspects of social life. To achieve this objective, more Islamic provisions have been laid down in
the constitution of 1973 because no law can be made against the Islamic provisions. This
constitution has set up an Islamic advisory council to recommend ways and means to bring
existing laws of the country in conformity with Islamic principles.

ISLAMISATION OF EXISTING LAWS:

The present constitution declares that all existing laws shall be brought in conformity with the
injunctions of Islam as laid down in the holy Quran and Sunnah.

SPECIAL INSTITUTION OF ISLAMISATION:

Two special institutions for Islamisation under the constitution have been established:-

i. Federal Shariat court.

ii. Islamic Ideology council.

Case law (P.L.D 1989 SC 613)

It was held, the legislature has no authority to enact a law in any field including those relating to
taxes which is repugnant to the injunction of Islam and no other functionary including tax
authorities has the power to lay down any un-Islamic rule.

ISLAMIC PROVISION OF CONSTITUTION 1973:

Following are the some of Islamic provisions made in the constitution meant to enable Muslims
to order their lives according to the teaching of Islam as set out in the Holy Quran and Sunnah.

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i. Sovereignty Of Allah:

The main salient feature of the constitution of Pakistan is that it presents an important
principle that sovereignty belongs to Allah alone. Who has already legislated through the
Holy Quran as interpreted in the Sunnah. He has delegated it to the state of Pakistan through
its people. But it should be exercised within those limits. Which have been prescribed by
him, and it should e exercised as a sacred trust.

ii. Name Of Sate:

The Constitution of 1973 declared Pakistan as an Islamic federal state to be known as the
Islamic Republic of Pakistan. This provision clearly enunciates that the nature of 1973
constitution is Islamic.

iii. State Religion:

According to the constitution of Pakistan, Islam shall be the state religion of Pakistan.

iv. Observance Of Islamic Principle:

It is stated in the preamble of the constitution that principles of democracy, opportunity,

equity, tolerance and social justice, as articulated by Islam, might be completely watched.

v. President And Prime Minister To Be Muslim:

It was made compulsory for the president and prime minister to be a Muslim by faith and
belief and to profess faith in the finality of prophethood.

vi. Definiton Of Muslim:

A clear definition of Muslim is laid down in the constitution. According to this constitution,
it is necessary, besides having belief in the oneness of Allah, prophethood, Day of Judgment
and books of God, to prefer the finality of prophethood. This clause was not included in the
earlier two constitutions.

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vii. Islamic Way of Life:

It is also declared in the constitution that the State shall enable the Muslims of Pakistan,
independently and on the whole, to order their lives in accordance with the fundamental
principles and basic concepts of Islam.

viii. Provisions Of Islamic Teaching:

The government will take all possible steps to promote the education of Islamiat and the Holy
Quran.

ix. Correct And Exact Printing and Publishing of Holy Quran:

The state shall be responsible to secure correct and exact printing and publishing of the Holy
Quran.

x. Learning Of Arabic Language:

It is also declared in the constitution that special facilities shall be provided for the learning
of Arabic languages.

xi. Protection Of Islamic Values;

It is also stated in the constitution that Islamic values shall be protected in the country.

xii. PROTECTION OF MINORITIES:

The State might protect the real rights and interests of minorities.

xiii. Strengthening Bonds with Muslim World:

The State should attempt to protect and fortify fraternal relations among Muslim
countries based on Islamic unity.

xiv. Proper Organization of Zakat, Auqaf and Masjid:

The state shall Endeavour, with respect to the Muslims of Pakistan secures the proper
organization of zakat, Auqaf and Masjid.

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xv. Existing Law Shall Be Brought into Conformity with Islam:

An important Islamic provision declared that no law shall be enacted which is repugnant to
the injunctions of Islam as laid down in the holy Quran and the Sunnah and that existing laws
shall be brought into conformity with the injunction of Islam as laid down in the holy Quran
and Sunnah.

xvi. Islamic Ideology Council:

Islamic ideology council will be set up to make recommendations to parliament and the
provincial assemblies for bringing the existing laws into conformity with the injunctions
of Islam and as to the stages by which such measures should be brought into effect.

xvii. Interest-Free Banking:

It was emphasized in the constitution that all steps will be taken to introduce an interest-
free banking system in the country in the light of Islam.

xviii. Welfare State:

In the constitution of 1973, the concept of a welfare state has been adopted.

CONCLUSION:

concluding that: the constitution of 1973 of the Islamic Republic of Pakistan contains a number
of Islamic procurements. No law which is repulsive to the fundamental standards of Islam could
be legitimate. The constitution says that the state might empower the Muslims of Pakistan to
order their lives individually and collectively in accordance with the principles and concept of
Islam.

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 5) QUALIFICATION AND DISQUALIFICATION OF MEMBER OF
PARLIAMENT.

INTRODUCTION

Pakistan has a Parliamentary form of Government. National Assembly is the lower house of the
bicameral Parliament. Constitution of Pakistan provided some requirements for members of the
National Assembly. Constitution of Pakistan requires candidates to fulfill these qualifications to
become members of the National Assembly.

RELEVANT PROVISION

Articles 62, 63, 63A of 1973 Constitution of Pakistan deal with the Qualification and
Disqualification of Members of Parliament.

QUALIFICATIONS OF THE MEMBER OF PARLIAMENT:

Following are the Qualification of the member of Majlis-e-Shoora (Parliament)

i. Citizen of Pakistan; 62-1(a)

A candidate should be a citizen of Pakistan.

ii. Age;62-1(b)
The candidate should be not less than twenty-five years old.

iii. Good Character;62-1(d)

A candidate should be of good character and is not commonly known as one, who violates
Islamic Injunctions.

iv. Knowledge of Islamic Teachings;62-1(e)

A candidate should have adequate knowledge of Islamic teachings, should practice those
obligatory duties, which have been prescribed by Islam, and should abstain from major sins.

v. Integrity of Country or Ideology of Pakistan;62-1(g)

A candidate should not have worked against the integrity of the country or should not have
opposed the ideology of Pakistan.

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vi. Non-Muslims;62(2)
The disqualification specified in paragraphs (d) and (e) shall not apply to a non-Muslim
candidate. For non-Muslim candidates, it is necessary that he/she should have a good moral
reputation.

DIS-QUALIFICATIONS OF A MEMBER OF NATIONAL ASSEMBLY

Following are the disqualification of members of a national assembly according to the

constitution of Pakistan 1973.

i. Unsound Mind;63(1)(a)
A person is disqualified from being elected or chosen as a member of the National Assembly
and from being a member of the National Assembly if he/she is declared a person of unsound
mind by a court of competent jurisdiction.

ii. Un discharged insolvent; 63(1)(b)

A person is disqualified from being elected or chosen as a member of the National Assembly
and from being a member of the National Assembly. If he is a un discharged insolvent.

iii. Not Citizen of Pakistan; 63(1)(c)

A person is disqualified when he ceases to be a citizen of Pakistan or acquires citizenship of a
foreign State.

iv. Office of Profit; A-63(1)(d)

A person is disqualified from being elected or chosen as a member of the National Assembly
and from being a member of the National Assembly if he/she holds an office of profit in the
service of Pakistan other them an office, which is declared by law not to disqualify its holder.

v. Service of any statutory body; A-63(1)(e)

A person is disqualified from being elected or chosen as a member of the National Assembly
and from being a member of the National Assembly if he is in the service of any statutory
body or any body which is owned or controlled by the government.

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vi. Conviction; A-63(1)(g) and; 63(1)(h)
A person is disqualified from being elected or chosen as a member of the National Assembly
and from being a member of the National Assembly if he has been convicted of involvement
in any offense of moral offense or by a court of competent jurisdiction for propagating any
opinion or acting in any manner, prejudicial to the ideology of Pakistan or the sovereignty,
integrity or security of Pakistan, or which defames or brings into ridicule the judiciary or the
Armed Forces of Pakistan unless a period of five years has elapsed since his release.

vii. Dismissal or Removal from Services; A-63(1)(i) and A-63(1)(j)

A person disqualified from being elected or chosen as a member of the National Assembly
and from being a member of the National Assembly, if he has been dismissed or removed or
compulsorily retired from service of Pakistan or service of Federal, Provincial or Local
Government.

viii. Loan
A person is disqualified from being elected or chosen as a member of the National Assembly,
if he has obtained a loan of two million rupees or more from any bank, financial institution,
cooperative society or cooperative body in his own name or in the name of his spouse or any
of his dependents and the same remained unpaid for more than one year from the due date or
the same has been written off.

ix. Default in payment of Government dues and utility expenses

A person is disqualified if he has not paid government dues and utility expenses.

CONCLUSION

It can be concluded that main purpose of elections of National Assembly is that duly elected
representatives of masses should be brought to this lower house of Parliament.

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 6) SUPREME COURT OF PAKISTAN

INTRODUCTION

The Supreme Court is the highest court in Pakistan. It is considered the final arbiter of legal and
constitutional disputes. All decisions of the Supreme Court of Pakistan are binding on all the
courts in Pakistan. The Principal seat of Supreme Court is in Islamabad and Branch Registries
are in the provincial capitals of Lahore, Peshawar, Quetta and Karachi.

RELEVANT PROVISIONS

Article 175A, 176 to 191 of the Constitution of Pakistan 1973

COMPOSITION OF SUPREME COURT Art. 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 the Act of Parliament or, until so determined,
as may be fixed by the President.

CHIEF JUSTICE OF THE SUPREME COURT

The Chief Justice of Pakistan (initials as CJP) is the head of the court system of Pakistan(the
judicature branch of government) and the chief judge of the Supreme Court of Pakistan. The
Chief Justice is one of the most senior of 17 Senior Justices of the Supreme Court of Pakistan.
From 1947 until 1960, the chief justice and justices were known as Federal Judge.

QUALIFICATIONS FOR JUDGES

Following are the qualifications of a person to be elected as a judge of Supreme Court of

Pakistan.

• Person should be a citizen of Pakistan.

• He is serving as judge in High Court for at least five (5) years.
• He is serving as an advocate in High Court for at least fifteen (15) years.

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OATH OF OFFICE Art.178

Before entering in the office the Chief Justice shall take oath of his office before the president of
Pakistan and other judges shall take oath of their office before the Chief Justice of Pakistan.

RETIRING AGE; Article 179:

The retiring age of Judge of the Supreme court of Pakistan is 65 years

APPOINTMENTS OF JUDGES

The chief justice shall be appointed by the president while the other judges shall be appointed by
the chief justice after consultation with the president.

POWERS AND FUNCTIONS OF SUPREME COURT

Following are the powers and functions of the Supreme Court of Pakistan

i. Original jurisdiction Art.184

The original jurisdiction of a court is the power to hear a case for the first time and the court
enforces the fundamental rights by original jurisdiction

ii. Suo Motu Jurisdiction

The Supreme Court has power for Suo Motu jurisdiction, under this jurisdiction the court
takes notice of the matter by itself and starts judicial proceedings.

iii. Appellate jurisdiction Art.185

Appellate jurisdiction is the power of the Supreme Court to review and change the decisions
of lower courts after submitting the appeal by application.

iv. Advisory jurisdiction Art.186

The President may seek the opinion of the Supreme Court on any question of law or fact of
public importance after receiving an opinion President thinks about whether it is useful or
not.

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v. To issue directions Art.187
According to Article 187, the Supreme Court has the power to issue such directions which
are necessary for the administration of justice in any case which is pending before it.

vi. Revision power Art.188

The Supreme Court has the power to review the judgment of any order made by it because it
is a careful examination of the matter in order to correct or improve its decision.

vii. Binding effect of decision of supreme court Art.189

The decisions of the Supreme Court of Pakistan have a binding effect on the subordinate
courts of Pakistan.

viii. Rules and regulations Art.191

The Supreme Court has the power to enact different rules and regulations in order to run its
own business and keep the judges under control.

ix. Protection of the fundamental rights

One of the greatest functions of the Supreme Court of Pakistan is to protect the fundamental
rights of the citizens of Pakistan.

x. Interpretation of the Constitution

The Supreme Court has the power to interpret the constitution of the Islamic Republic of
Pakistan. Supreme Court makes complex laws understandable by interpreting them.

xi. Guardian of the Constitution

The Supreme is the Guardian of the constitution and it explains and elaborates its
constitutional status within the country.

xii. Transfer of cases

The Supreme Court of Pakistan has power to transfer any case, appeal or other proceeding
pending before it in any high court and from any high court to any other high court.

PRECLUDE REMARKS

To Preclude, we can say that the Supreme Court of Pakistan is the highest court of the Pakistan.
It consists of chief Justice and other justice who are appointed by the President of Pakistan on

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temporary and permanent basis after verification of their eligibility criteria for selection on the
seats.

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 7) HIGHT COURT JURISDICTION

INTRODUCTION:

According to the constitution of 1973 of Islamic republic of Pakistan a high court is the highest
court in a province. Normally the jurisdiction of a High court is limited to its respective
province. There are five high courts in Pakistan. Out of these high courts, one is based in the
capital city of the country and the other four are based in the capital cities of Punjab, Sindh,
Balochistan and KPK.

FORMATION AND APPOINTMENT OF HIGH COURT:

The high court shall consist of a chief justice and so many other judges as may be fixed by law.
The President of Pakistan makes appointments of chief justices and other judges of high courts
from those names, which are recommended by the judicial commission of Pakistan.

CONSTITUTIONAL JURISDICTION OF HIGH COURT:

The constitutional jurisdiction of the high court is defined in the Constitution but unlike the
Supreme Court, it jurisdiction extends to both judicial and authoritative matters. It is the most
important part because a high court is the highest court in the province and supervises the work
of the subordinate courts in it.

MEANING OF WRIT:

A written judicial order to perform a indicated act, or offering power to have it done.

ESSENTIALS ELEMENTS OF WRITS:

It is necessary to issue the writ that:

i. The court has complete satisfaction that a legal right has violated.
ii. No other adequate and speedy remedy is available
iii. The petitioner has locus Standi to invoke the jurisdiction of the court.
iv. Petitioners came to the court with clean hand.
v. Court has the territorial jurisdiction.

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ANALYSIS OF ARTICLE 199 OF THE CONSTITUTION OF PAKISTAN 1973:

Under Article 199 of the constitution the high court may make the following writs or order:-

1. Writ Of Mandamus:
The following are the important point regarding the writ of prohibition:-

• Meaning Of Mandamus:
A writ of mandamus is a command issuing from the high court of justice, directing any
person to do any particular act therein specified which appertains to his office and is in
nature of a public duty.

• Historical Background:
Mandamus is a common law writ of extra ordinary character, sometimes referred to as the
highest judicial writ known to the law. It is also called one of the flowers of the crown. It
seems originally to have been one of that large class of writ or mandate by which the
sovereign of England guided, the execution of any wanted demonstration by his subjects

• PURPOSE:
It is issued for the purposed that justice may be done in all cases where there is a specific
legal right and no specific legal remedy is available for enforcing such rights. It may also
issue in cases where although there is an alternative lawful cure, yet such mode of review
is less advantageous, gainful and powerful.

• Conditions For The Writ Of Mandamus:

There are some conditions for the writ of mandamus:- i. There must be a public duty. ii.
There must be a specific demand and refusal. iii. There must be clear right to enforce the
duty.

• Who May Apply?

An aggrieved person may apply for the writ or order of mandamus.

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 • Against Whom It May Be Issued:
Writ of mandamus may be issued against a person performing functions in connection
with the affairs of federation or province or a province or a local authority to do any thin
which he is required by law to do.

2. Writ Of Prohibition:
Following are the important point regarding writ of prohibition:-

• Meaning Of Prohibition:
A writ of prohibition is an order which is issued to inferior court to discontinue a
processing pending before it on the ground that it has no jurisdiction to hold the said
proceeding.

• Object Of Writ Of Prohibition:

Following are the object of the writ of prohibition:- i. To prohibit any public functionary
from doing an act which is beyond its jurisdiction. ii. To restrain authorities from
exercising extra jurisdictional powers.

• Who May Apply For Writ Of Prohibition:

Only an aggrieved person may apply for the writ of prohibition. Traditional view of
Locus Standi is applicable on the writ of prohibition.

• Grounds On Which A Prohibition May Be Issued:

Following are the grounds on which a prohibition may be issued:-

o Want of jurisdiction: The writ of prohibition lies only when it is intended to

restrain a tribunal or a court that assumes or threatens to assume a jurisdiction
which it does not possess.
o Violation of principles of natural justice: A prohibition may issue when it is found
that the action was in violation of principles of natural justice.
o Limits of Prohibition: There are some limits of prohibition:- unlawful jurisdiction
Pending proceedings. Proceeding party without jurisdiction.

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 • Exceptions:
This writ cannot be issued against legislative body, political leaders and parties and
private organization etc.

3. Writ Of Certiorari:
Following are the important point regarding writ of prohibition:-

• Meaning Of Certiorari:
Certiorari means to certify. A writ of certiorari is a writ that is issued from the superior
court to call up the record of a proceeding in an inferior court for review.

• Nature And Scope:

It is an order issued by the Supreme Court or by a high court under the constitution to an
inferior court or any authority exercising judicial or quasi-judicial functions to transmit to
the court the record of proceeding pending therein for scrutiny and decided the legality
and validity of the orders passed by them.

• Object:
The object of this writ is to keep all subordinate courts/tribunals, and quasi-judicial
authorities within the limit of jurisdiction if they excess then their decision would be
quashed by the superior court by issuing this writ.

• Who May Apply For Writ Of Certiorari:

An aggrieved person can apply for the writ of certiorari. It means that Traditional view of
Locus Standi is applicable on the writ of prohibition.

• Against Whom Certiorari Is Issued:

The writ of certiorari is issued against:- Court. Judicial body. Quasi-judicial body. Purely
executive or administrative tribunal.

• GROUNDS FOR THE ISSUES OF WRIT OF CERTIORARI:

The grounds on which a writ of certiorari may be issued usually are as under:-

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 i. Where the inferior court or tribunal acts without or in excess of the jurisdiction granted.
ii. Where the order of the inferior court or a tribunal is erroneous on the face of the
record.

iii. Where the order of the inferior court is tainted with fraud, mala fide, corruption or
collusion.

iv. Where the inferior court or tribunal has erroneously decided a collateral question or
assuming jurisdiction which is does not possess.

v. Where a procedure is followed which is contrary to the principles of natural justice

4. Habeas Corpus:
Following are the important point regarding writ of prohibition:-

• Meaning:
The writ of habeas corpus is the most ancient writ in the common law of England. Habeas
corpus means have the body before the court.

• Nature And Scope:

This is the writ in the nature of an order calling upon the person who has detained another
to produce the latter before the court, in order to let the court know on what judicial
grounds he has been confined and to set him free if there is no legal justification for the
imprisonment.

• Objects:
The object of this writ is to provide a prompt remedy against illegal confinement. The
object of the writ of habeas corpus is to release a person from illegal detention.

• Who May Apply:

Modern view of the locus Standi is applicable on the writ of habeas corpus. Any person
may apply for writ of habeas corpus against the detention of another provided he is bona
fide interested in the detenue.

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 • Against Whom It May Be Issued:
This writ of habeas corpus may be issued against any person whether private or natural
person.

• Conditions:
There are some conditions on the writ of habeas corpus:- There must be detention.
Detention must be actual and illegal. Confinement should be in improper and
unauthorized place.

• Exceptions:
Preventive detention law and article 10 of constitution are the exception to this writ.
Another thing is Res-Judicata. This principle is not applicable in writ of habeas corpus
since the liberty of person is very much important than anything else. For even former
application has been dismissed on other ground fresh application may be filed on any
fresh ground.

5. Quo Warranto:
Following are the important point regarding writ of prohibition:-

• Meaning:
A writ of Quo warranto is a writ issued by a superior court against a person who claims
or who usurp any office, franchise or liberty to enquire by what authority he supports his
claim.

• Nature And Scope:

Quo warranto is a judicial remedy against an occupier or usurper of an independent
substantive public office or establishment or freedom, the usurper is asked by what power
quo warranto he is in such office, franchise or liberty. If the answer is not satisfactory to
the court, the usurper can be ousted by an order of quo warranto.

• Who May Apply:

Modern view of the locus Standi is applicable on the writ of habeas corpus. Any person
may apply for writ of quo warranto.

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 • Office In Respect Of Which Writ Is Issued:
It is a public office, in respect of which order or writ of quo warranto is issued, for
example, The office of speaker of national or provincial assembly. The office of advocate
general of a province.

• Conditions:
There are some conditions on the writ of quo warranto:-

o The office must be created by statute, by charter, or by constitution.

o The office must be public nature. The office must be some substantive character.
o The holder must have been in actual occupation and under of the office in
question.
• Relief In Writ of Quo Warranto:
Relief must be given by issuance of injunction to a person not to act therein. To declare
the office vacant.

CONCLUSION:

Writ jurisdiction of high court under article 199 is available only when no other adequate remedy
is available. The high court can issue writs on mandamus, prohibition and certiorari on the
application of the aggrieved person and it can also issue writ of habeas corpus and writ on the
application of interested party. In case of public interest the Supreme Court also has the some
power under article 199.

Prepared by: Laiba

Team Head: Laiba

Project by Islami Jamiat Talaba, Punjab University Law College

BEST OF LUCK … !!

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