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The Supreme Court of Pakistan - Pakistan
Article on judicial system of Pakistan
The Supreme Court of Pakistan is the highest court of justice in the country. It is the
final guardian of the Constitution and the final Court of Appeal arising out of
judgements given by the High Courts. It has original and appellate jurisdiction:
- Its original jurisdiction extends to all disputes between the Federal Government
and the Provincial Governments but it can only pronounce declaratory judgements.
If the Supreme Court 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 of the Constitution is involved, it has the power to make an order under article
199.
- Its appellate jurisdiction extends to all cases from the High Courts involving
substantial questions of law as to the interpretation of the Constitution. The
Supreme Court has also been vested with advisory jurisdiction in matters which may
be referred to it by the President. It is also empowered under article 188 of the
Constitution to review any judgement earlier pronounced or any order passed by it.
Under article 185 (2) (f) of the Constitution, if the High Court certifies that the case
from any judgement, decree, final order or sentence of a High Court involved a
substantial question of law as to the interpretation of the Constitution, an appeal can
be taken to the Supreme Court.
The Supreme Court is empowered 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. All such directions, orders or decrees are
enforceable throughout Pakistan. The Constitution specifically requires all
authorities, civil and judicial, throughout the country to act in aid of the Supreme
Court.
Decisions of the Supreme Court deciding a question of law or based upon or
enunciating a principle of law are binding in all other courts in Pakistan.
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