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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.

 

Updated by TE. Approved by GT. Last update: 21 Sept 2004.