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High Court

The High Court in Pakistan is a vital component of the judicial system, with original, appellate, supervisory, and advisory jurisdictions as outlined in the Constitution of Pakistan 1973. Judges are appointed by the President based on recommendations from the Judicial Commission, while removal proceedings are conducted by the Supreme Judicial Council for misconduct or incapacity. The High Courts ensure the enforcement of fundamental rights and maintain the rule of law within their respective provinces.

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Mohsin Shaikh
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41 views3 pages

High Court

The High Court in Pakistan is a vital component of the judicial system, with original, appellate, supervisory, and advisory jurisdictions as outlined in the Constitution of Pakistan 1973. Judges are appointed by the President based on recommendations from the Judicial Commission, while removal proceedings are conducted by the Supreme Judicial Council for misconduct or incapacity. The High Courts ensure the enforcement of fundamental rights and maintain the rule of law within their respective provinces.

Uploaded by

Mohsin Shaikh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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High Court

INTRODUCTION
The High Court is an essential part of the judicial system in Pakistan, functioning under the
framework provided by the Constitution of Pakistan 1973. Each province in Pakistan has a
High Court, and their roles, powers, and appointment procedures are outlined in the
Constitution.

Functions and Powers of the High Court


1. Original Jurisdiction: High Courts have the authority to hear and decide cases that
are directly filed in the High Court. This includes cases matters related to company
law.
2. Appellate Jurisdiction: High Courts hear appeals from decisions made by lower
courts, such as District and Sessions Courts, Civil Courts, and Special Tribunals.
They review cases for errors in the application of law or procedural irregularities.
3. Supervisory Jurisdiction: High Courts have supervisory control over all courts and
tribunals within their territorial jurisdiction. They can issue orders and directions to
ensure proper administration of justice and to correct any judicial overreach or
abuse of power.
4. Advisory Jurisdiction: Although not frequently used, High Courts can provide
opinions on legal questions referred to them by the government or other authorities.
5. Enforcement of Fundamental Rights:
Issue appropriate orders, directions, and writs for the enforcement of fundamental
rights under Article 199. After the 26th amendment some of the provision under the said
article is transfer to the constitutional bench.
What is Constitutional bench?
The Constitutional bench made under the Constitution Of Pakistan after 26th
amendment, this bench consist of 8 judges, the chief justice shall appoint by the Prime
Minister and the rest judges shall be appointed by Judicial commission. The purpose of
Constitutional bench is to look after the matters related to the enforcement of
fundamental right which is given by the Constitution of Pakistan under Article 199. After
the 26th Amendment some of the provisions of article 199 is transferred from High
Court, mandamus and prohibition is transferred to the constitutional bench after the
26th Amendment.
Appointment and removal of Judges in the High Court
The process for the appointment of High Court judges is outlined in Article 193 of the
Constitution of Pakistan 1973. The key steps are as follows:
1. Qualifications: A person must meet specific criteria to be eligible for appointment
as a judge of the High Court:
a. Must be a citizen of Pakistan.
b. Must have been an advocate of a High Court for at least ten years, or
c. Must have held a judicial office in Pakistan for not less than ten years.
2. Appointment Process:
a. The appointment of judges to the High Court is made by the President of
Pakistan.
b. The President acts on the advice of the Judicial Commission of Pakistan,
which is responsible for nominating candidates. The Judicial Commission is
chaired by the Chief Justice of Pakistan and includes senior judges, the
Attorney General, and a representative of the Pakistan Bar Council.
c. The Parliamentary Committee on Judicial Appointments reviews the
nominations made by the Judicial Commission. The committee has the
authority to approve or reject the nominations.
3. Oath of Office: Once appointed, a High Court judge takes an oath of office,
affirming to perform their duties faithfully, in accordance with the Constitution and
law, and to do right to all people without fear or favor.

1. Process Of Removal
Governing Article: Article 209 of the Constitution of Pakistan 1973.

2. Supreme Judicial Council Composition:


a.Chief Justice of Pakistan (Chairman).
b.Two next senior-most judges of the Supreme Court.
c.Four judges from federal constitutional courts
d. Two members from National Assembly
e. Two members from Senate
f. Federal law minister

Grounds for Removal:


a.Physical or mental incapacity.
b.Misconduct.

3. Initiation of Proceedings:
a.By the President on his own motion.
b.Upon receiving information from the Supreme Judicial Council.
4. Investigation Procedure:
a.The Council conducts an inquiry.
b.The judge is given an opportunity to defend himself

5. Recommendation and Removal:


a. If found guilty, the Council recommends removal to the President.
b.The President may remove the judge based on the Council’s recommendation.

STRUCTURE AND COMPOSITION


Each High Court consists of a Chief Justice and other judges as determined by law or
presidential order. The Chief Justice of a High Court is appointed by the President of
Pakistan, often based on the seniority principle among the judges of the same court.
CONCLUSION
In summary, the High Courts in Pakistan play a critical role in the judicial system, handling
a wide range of cases and maintaining the rule of law. The process for appointing judges is
designed to ensure that qualified and competent individuals are selected, maintaining the
integrity and independence of the judiciary..

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