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Encyclopedia > Supreme Court of Pakistan
Pakistan

This article is part of the series:
Politics and government of
Pakistan
Image File history File links Coat_of_arms_of_Pakistan. ... In recent history, the Pakistani political processes have taken place in the framework of a federal republic, where the system of government has at times been parliamentary, presidential, or semi-presidential. ...


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The Supreme Court (Urdu: عدالت عظمیٰ ) is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Court's permanent seat is Islamabad. The Court has a number of de jure powers which are outlined in the Constitution of Pakistan. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. The President of Pakistan (UrdÅ«: صدر مملکت Sadr-e-Mamlikat) is Head of State of Pakistan. ... General Pervez Musharraf (Urdu: ) (born August 11, 1943) is President of Pakistan and the Chief of Army Staff of the Pakistan Army who came to power in wake of a coup detat. ... The Prime Minister of Pakistan (Urdu: وزیر اعظم Wazir-e- Azam) is the Head of Government of Pakistan. ... Shaukat Aziz (Urdu:: شوکت عزیز) (born March 6, 1949 in Karachi, Pakistan) is the current Prime Minister and Finance Minister of Pakistan. ... Bold text Majlis-e-Shoora (Urdu: مجلس شوری) (Council of Advisors in Urdu, although referred to as Parliament) is the bicameral federal legislature of Pakistan that consists of the Senate (upper house) and the National Assembly (lower house). ... The Senate of Pakistan is the upper House of the bicameral Parliament of Pakistan. ... The current Chairman of the Senate is Muhammad Mian Soomro An Introduction Senate History & Introduction The 1970 Assembly framed the 1973 Constitution which was passed on 12th April and promulgated on 14th August 1973. ... The National Assembly is the lower house of the bicameral Parliament of Pakistan. ... These are the names of Speakers and Presidents of the National Assembly of Pakistan. ... These are the names of deputy speakers of the National Assembly of Pakistan. ... The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the constitution of Pakistan to hear cases of misconduct against judges. ... The Chief Justice of Pakistan heads the Supreme Court of Pakistan. ... The Federal Shariat Court of Pakistan consists of 8 muslim judges including the Chief Justice. ... The Chief Justice heads the Federal Shariat Court of Pakistan. ... There are four High Courts of Pakistan, these are based in the capital cities of the four provinces. ... The District Courts of Pakistan are courts that operate at the district level, they are controlled by the high courts. ... At the national level, Pakistan elects a bicameral legislature, the Parliament of Pakistan, which consists of a directly-elected National Assembly of Pakistan and a Senate whose members are chosen by elected provincial legislators. ... General elections will be held in Pakistan in early January 2008. ... An indirect presidential election was held in Pakistan on 6 October 2007. ... Political parties in Pakistan lists political parties in Pakistan. ... The Pakistan Muslim League (Q), or PML-Q, is a centrist political party in Pakistan, dervied from the original Pakistan Muslim League which had laid foundation of the state of Pakistan. ... The Pakistan Peoples Party (PPP) (Urdu: پاکستان پیپلز پارٹی ) is a mainstream centre-left political party in Pakistan. ... Muttahida Majlis-e-Amal (MMA) (Urdu: متحدہ مجلس عمل ) (United Council of Action) is a coalition between religious-political parties in Pakistan. ... MQMs Political Flag Muttahida Qaumi Movement (Urdu: متحدہ قومی موومنٹ) generally known as MQM or simply Muttahida, is one of the largest political parties in Pakistan. ... The Pakistan Muslim League (N) (Urdu: پاکستان مسلم لیگ Ù†) is a political party in Pakistan. ... The tone or style of this article or section may not be appropriate for Wikipedia. ... Political parties in Pakistan lists political parties in Pakistan. ... Currently, Pakistan is subdivided into four provinces, two territories, and also portions of Kashmir that are administered by the Pakistani government. ... The Provincial Governors is the head of the province in Pakistan. ... Balochistan is the largest province of Pakistan. ... The Government of North West Frontier Province (NWFP) is in Peshawar, the provincial capital of the North-West Frontier Province, Pakistan. ... ... Government of Sindh is based in Karachi, Sindh, Pakistan. ... For the capital of Pakistan, see Islamabad. ... The Federally Administered Tribal Areas (FATA) are areas of Pakistan outside the four provinces, comprising a region of some 27,220 km² (10,507 mi²). // The FATA are bordered by: Afghanistan to the west with the border marked by the Durand Line, the North-West Frontier Province and the Punjab... The State of Azad Jammu and Kashmir (Urdu: ), usually shortened to Azad Kashmir (free Kashmir), is part of the Pakistani-administered section of the Kashmir region, along with the Northern Areas; its official name is Azad Jammu and Kashmir. ... This article details only the area administered by Pakistan. ... The 2001 Local Government Ordnance provides for devolution of government to district administrations. ... The Districts of Pakistan form the third tier of government in Pakistan, ranking as subdivisions of the provinces of Pakistan. ... // Karachi is the largest city in Pakistan with its population being the second largest in the world after Mumbai. ... Union Councils of Pakistan are local governments in Pakistan. ... Pakistan is the second largest Muslim country in terms of population (behind Indonesia), and its status as a declared nuclear power, being the only Islamic nation to have that status, plays a part in its international role. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. ... Urdu ( , , trans. ...   (Urdu: اسلام آباد) is the capital city of Pakistan, and is located in the Potohar Plateau in the northwest of the country. ... Look up De jure in Wiktionary, the free dictionary. ... There have been several documents known as the Constitution of Pakistan. ...

Contents

Constitutional Authority

Part VII, chapter 2 of the Constitution (articles 176 through 191) deals with the powers, composition, rules, and responsibilities of the Supreme Court. Here is a summary:

  • Article 176 - composition of the Court
  • Article 177 - appointment and qualifictions of the Chief Justice
  • Article 178 - oath of office
  • Article 179 - retirement
  • Article 180 - vacancy, absence, or inability of Chief Justice
  • Article 181 - vacancy, absence, or inability of other judges
  • Article 182 - ad hoc judges
  • Article 183 - location of Court
  • Article 184 - jurisdiction in dispute between two or more Governments
  • Article 185 - jurisdiction to hear and determine appeals
  • Article 186 - if requested, advise the President on important matters of law
  • Article 186A- authority to transfer venue
  • Article 187 - orders and subpoenas
  • Article 188 - power to review its own judgements and orders
  • Article 189 - Supreme Court's decisions binding on all other Pakistani Courts.
  • Article 190 - all executive and judicial authorities in Pakistan are bound to aid the Supreme Court.

In addition to the above, the Constitution makes numerous references to the Supreme Court in other chapters and sections. An important function of the judiciary branch is to provide checks and balances to the power of the other branches of government. The Supreme Court under Pervaiz Musharaff took oath not on the constitution of Pakistan but on a Legal Framework Order made by the military. The doctrine and practice of dispersing political power and creating mutual accountability between political entities such as the courts, the president or prime minister, the legislature, and the citizens. ... The Legal Framework Order, 2002 (LFO) was issued by Pakistani president Pervez Musharraf in August 2002. ...


De Jure Power

The Supreme Court has the explicit, de jure power to block the exercise of certain Presidential reserve powers. For example, under Article 58, the President may dismiss the National Assembly (triggering new elections) but the dismissal is subject to Supreme Court approval. The Court also has the power to overturn presidential orders and parliamentary legislation by declaring such orders or laws to be unconstitutional. Look up De jure in Wiktionary, the free dictionary. ... A reserve power is a power that may be exercised by the head of state of a country in certain exceptional circumstances. ... The President of Pakistan (Urdū: صدر مملکت Sadr-e-Mamlikat) is Head of State of Pakistan. ... The National Assembly is the lower house of the bicameral Parliament of Pakistan. ...


Another example: article 17 of the Constitution states:


Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.


The Supreme Court thus provides, in principle, an important safeguard against the abuse of laws that have the potential to have politically repressive consequences.


De facto power

The de jure powers of the court as outlined in the Constitution must be seen in the context of Pakistani political history during which the army has seized power, declared martial law and suspended the constitution. Despite the military interventions in the government, the court has maintained its institutional integrity and has been able in some degree to maintain its authority in the face of military rule. This article does not cite any references or sources. ...


The Court has the strong support of the people and the elite and is one of the more respected institutions in the nation. Even during military rule, when the Court might have been expected to be subject to a supra-constitutional dispensation, it has managed to use its institutional authority to maintain some influence over political events.


For example, shortly after the government of General Pervez Musharraf came to power by a coup, the opposition challenged the legitimacy of the coup, asking the court to rule on its legality Military takeover challenged in court; BBC, Nov 22 1999. On May 12, 2000 the Court rendered a nuanced verdict Pakistan court limits army rule, and - General Pervez Musharraf (Urdu: ) (born August 11, 1943) is President of Pakistan and the Chief of Army Staff of the Pakistan Army who came to power in wake of a coup detat. ... Coup redirects here. ...

  • in its preamble, the Court -
    • rejected the options of "complete surrender" to the regime or total opposition which, in its judgement, would have led to the "closure of the courts". It chose a middle course (praised by retired US judge John Clifford Wallace) that allowed the Court to maximize its influence
    • asserted that it had the inherent power to examine the validity of Musharraf's orders, even orders purportedly restraining the Court from questioning his proclamations
    • called Musharraf's coup an "extra-constitutional action" but
  • in its judgement,
    • accepted the coup on the grounds of:
      • the doctrine of state Necessity (a situation having arisen for which "there was no remedy provided in the Constitution", checks and balances such as Article 58(2)(b) having been removed by the Thirteenth Amendment, hence Necessitas facit licitum quod alias non est licitum) and
      • the principle of salus populi est suprema lex, and
      • the principle "that the government should be by the consent of the governed, whether voters or not" (the court took note of the fact that the takeover was widely welcomed, and little-protested, and hence that the regime had the implied consent of the governed)
    • asserted the right of the Superior Courts to review the orders, proceedings, acts, and legislative measures of the Musharraf regime, and
    • termed the situation a "case of constitutional deviation for a transitional period", and
    • accepted the government's argument that the electoral rolls were outdated and that fresh elections could not be held without updating the electoral rolls, and that two years were required to do so, and
    • gave Musharraf until May 12, 2002 to hold elections, and
    • reserved for itself the right to review/re-examine the continuation of Musharraf's emergency powers.

Although the government, before this judgement, had not given a timetable for the restoration of democracy - having argued that it needed an indefinite and possibly prolonged time to reform the country - Musharraf publicly submitted to the Courts judgement [1]. The elections were duly held in October 2002 as ordered and the Constitution was revived. This article is about the law definition of necessity. ... The doctrine and practice of dispersing political power and creating mutual accountability between political entities such as the courts, the president or prime minister, the legislature, and the citizens. ... The Constitution (Thirteenth Amendment) Act, 1997 was an amendment to the Constitution of Pakistan passed in 1997 by the government of Prime Minister Nawaz Sharif. ... This page is a candidate for speedy deletion, because: Not an article If you disagree with its speedy deletion, please explain why on its talk page or at Wikipedia:Speedy deletions. ...


Pakistani legal theorists have posited that Pakistan's grundnorm, the basis for its Constitutional convention and system of laws, continues in effect (and the Supreme Court therefore retains its authority) even when the written constitution is suspended by the imposition of a military dictablanda. Grundnorm is a German word meaning fundamental norm. ... A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ... Dictablanda is a word used by political scientists to describe a dictatorship in which civil liberties are mostly preserved rather than destroyed. ...


Composition

The Supreme Court of Pakistan

On Saturday, 03 November 2007, the Court consisted of the Chief Justice of Pakistan and 16 other Judges: Image File history File links Gnome_globe_current_event. ... Image File history File links This is a lossless scalable vector image. ... Image File history File links Supreme_court_of_pakistan. ... Image File history File links Supreme_court_of_pakistan. ... The Chief Justice of Pakistan heads the Supreme Court of Pakistan. ...

  • The Chief Justice Mr. Justice Iftikhar Mohammad Chaudhry
  • Mr. Justice Rana Bhagwandas
  • Mr. Justice Javaid Iqbal
  • Mr. Justice Abdul Hameed Dogar
  • Mr. Justice Sardar Muhammad Raza Khan
  • Mr. Justice Khalil-ur-Rehman Ramday
  • Mr. Justice Muhammad Nawaz Abbasi
  • Mr. Justice Faqir Muhammad Khokhar
  • Mr. Justice Falak Sher
  • Mr. Justice Mian Shakirullah Jan
  • Mr. Justice M. Javed Buttar
  • Mr. Justice Tassadduq Hussain Jillani
  • Mr. Justice Saiyed Saeed Ashhad
  • Mr. Justice Nasir-ul-Mulk
  • Mr. Justice Raja Fayyaz Ahmed
  • Mr. Justice Chaudhry Ijaz Ahmed
  • Mr. Justice Syed Jamshed Ali
  • Mr. Justice Hamid Ali Mirza
  • Mr. Justice Karamat Nazir Bhandari

After imposition of Provisional Constitutional Order by the Chief of Army Staff Pervaiz Musharraf (and not President Pervaiz Musharraf) on Saturday, 03 November 2007, the judges had to take a fresh oath. Only four out of 17 judges took oath, and the Court consists of the new Chief Justice of Pakistan and 03 other Judges: Iftikhar Muhammad Chaudhry (Urdu: ) (born 12 December 1948), is the Chief Justice of Pakistan. ... Honourable Mr. ... Justice Javaid Iqbal (Jr. ... Abdul Hameed Dogar (born 22 March 1944) is the present Chief Justice of Pakistan, a position to which he was appointed in the immediate aftermath of President Pervez Musharrafs 3 November 2007 declaration of a state of emergency, replacing Iftikhar Chaudhry. ... Khalil-ur-Rehman Ramday is a judge of the Supreme Court of Pakistan. ... Name : Honble Mr. ... Name : Honble Mr. ... Chief of Army Staff of Indian Army is the highest post in the Indian Army ... General Pervez Musharraf (born August 11, 1943, Delhi, India) became de facto ruler (using the title Chief Executive and assuming extensive power) of [[the office of President of Pakistan (becoming Head of State) on June 20, 2001. ... President is a title held by many leaders of organizations, companies, trade unions, universities, and countries. ... General Pervez Musharraf (born August 11, 1943, Delhi, India) became de facto ruler (using the title Chief Executive and assuming extensive power) of [[the office of President of Pakistan (becoming Head of State) on June 20, 2001. ... The Chief Justice of Pakistan heads the Supreme Court of Pakistan. ...

  • The New Chief Justice Mr. Justice Abdul Hameed Dogar
  • Mr. Justice Muhammad Nawaz Abbasi
  • Mr. Justice Faqir Muhammad Khokhar
  • Mr. Justice M. Javed Buttar

Justice Abdul Hameed Doogar took oath of de facto Chief Justice, even after a 7-member Supreme Court Bench, including the Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry, nullified the imposition of emergency, suspension of constitution, Provisional Constitutional Order; and instructed all the honourable judges not to take oath under the Provisional Constitutional Order(PCO), and ordered all the military personals not to obey any "illegal" orders. He was then arrested by Pakistan Army with seven other judges. Thus, the current status of Justice Abdul Hameed Dogar can at best be called de facto Chief Justice of Pakistan. Abdul Hameed Dogar (born 22 March 1944) is the present Chief Justice of Pakistan, a position to which he was appointed in the immediate aftermath of President Pervez Musharrafs 3 November 2007 declaration of a state of emergency, replacing Iftikhar Chaudhry. ... Name : Honble Mr. ... Iftikhar Muhammad Chaudhry (Urdu: ) (born 12 December 1948), is the Chief Justice of Pakistan. ...


Recent events

On 9th March 2007, a presidential reference was served to the Chief Justice, Iftikhar Muhammad Chaudhry, attempting effectively to suspend him. The government ordered him to go on compulsory leave. On July 20, 2007, the Supreme Court unanimously overturned the compulsory leave order, and by a ten-out-of-thirteen majority, also ordered Chaudhry reinstated as Chief Justice. Iftikhar Muhammad Chaudhry (Urdu: ) (born 12 December 1948), is the Chief Justice of Pakistan. ...


The court ruled that the PO 27 of 1970 is unconstitutional. This order takes away the power of the executive to suspend Judges.Text of Supreme Court Order


See also

Judiciary

The Chief Justice of Pakistan heads the Supreme Court of Pakistan. ... The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the constitution of Pakistan to hear cases of misconduct against judges. ... There are four High Courts of Pakistan, these are based in the capital cities of the four provinces. ...

Constitution and Laws of Pakistan

There have been several documents known as the Constitution of Pakistan. ... The Constitution (Seventeenth Amendment) Act, 2003 was an amendment to the Constitution of Pakistan passed in December 2003, after over a year of political wrangling between supporters and opponents of Pakistani President Pervez Musharraf. ... This article does not cite any references or sources. ...

Other

The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...

External links

Coordinates: 33°43′41″N, 73°05′55″E Map of Earth showing lines of latitude (horizontally) and longitude (vertically), Eckert VI projection; large version (pdf, 1. ...


  Results from FactBites:
 
Constitution of Pakistan - Helplinelaw (5404 words)
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 Majlis-e-Shoora (Parliament) or, until so determined, as may be fixed by the President.
The Supreme Court and the Federal Shariat Court, with the approval of the President and a High Court, with the approval of the Governor concerned, may make rules providing for the appointment by the Court of officers and servants of the Court and for their terms and conditions of employment.
A special court shall consist of a judge, being a person who is, or has been or is qualified for appointment as, a judge of a high court and is appointed by the federal government after consultation with the Chief Justice of the high court.4.
  More results at FactBites »

 
 

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