Supreme Court of Pakistan (An Emblem of Esteem Justice) 2 March 1956 to Present So judge between men in truth (Quran 38: 26) Despite its controversial rulings, the Supreme Court has the strong support of the People and the elite and is one of the most respected Institution in the Nation. The Apex Court in the judicial hierarchy of Pakistan, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It also has a number of Branch Registries where cases are heard. The court has a number ofde jure powers, outlined in the Constitution. Through several periods of military rule and constitutional suspensions (Doctrine of necessity), the court has also established itself as a de facto check on military power. It has the appellate jurisdiction over all high courts (including provincial high courts, district courts, and special courts) and federal courts, as well as original jurisdiction over a few types of cases. The Supreme Court is made up of a chief justice and a number of senior justices who are nominated by the President after consulting the Prime minister. Once appointed justices are expected to complete a designated term and then retire, unless they are removed by the Supreme Judicial Council after receiving a presidential reference regarding misconduct of judge(s). Part VII, Chapter 2 of the Constitution (articles 176 through 191) deals with the powers, composition, rules, and responsibilities of the Supreme Court. These articles concern: • Article 176 – composition of the Court • Article 177 – appointment and qualifications of the Chief Justice • Article 178 – oath of office • Article 179 – retirement • Article 180 – vacancy, absence, or inability of the Chief Justice • Article 181 – vacancy, absence, or inability of other justices • Article 182 – ad hoc justices • Article 183 – location of Court • Article 184 – jurisdiction in a 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 – binding nature of Supreme Courts decisions on all other Pakistani Courts • Article 190 – all executive and judicial authorities in Pakistan bound to aid the Supreme Court. • In addition to these articles, the Constitution also 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 Pervez Musharraf is an exception to this rule of constitutional authority. That court took oath not under the constitution of Pakistan but under a military Legal Framework Order. De jure power refers to powers that a court has under the law, though they may not be carried out or have full effect in practice. The Supreme Court of Pakistan has the explicit de jure power to block the exercise of certain Presidential reserve powers. For example, under Part III of the Chapter II: Federation of Pakistan, 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. In another example of a de jure power granted to the Court, article 17 of the Constitution states: Every citizen, not being in the service of (State 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 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. Article 17: Freedom of association; Chapter I: Fundamental Rights and Principles, Constitution of Pakistan, Chapter source The Supreme Court thus provides, in principle, an important safeguard against the abuse of laws that could potentially have politically repressive consequences. The de jure powers of the court as outlined in the Constitution can only be understood in the context of Pakistans political history, during which the armed forces 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 to maintain its authority to some degree in the face of military rule. Since in 1970, Bengali Chief Justice Hamoodor Rahman published the reports of Hamoodur Rahman Commission, formed to investigate the failure and fall of East-Pakistan. The de facto powers of the Supreme Court increased immensely thereafter. In 1977 the Supreme Court legitimized the 1977 Pakistani coup détat (Operation Fair Play). On 8 March 1978 the Supreme Court upheld the death sentence of former prime minister Zulfikar Ali Bhutto, who was executed on 4 April 1979 by the orders of Supreme Court. On 12 October 1999 however, the Supreme Court ordered that chairman joint chiefs General Pervez Musharraf could only allow military rule to remain in place for three years. The supreme court began hearing the corruption cases and hijacking controversy against former prime minister Nawaz Sharif, and found him guilty after sentencing him life imprisonment in a short trial. As a result, Musharraf held a national referendum on 30 April 2002, followed by general elections on October 2002 a move that substantially validated the return of democracy. The supreme court supervised the 2002 general elections and successfully oversaw the transition of powers to President to prime minister of Pakistan. The political powers of supreme court were further extended and solidified its political position in 2004 when Shaukat Aziz became prime minister. Azizs economy policy measure programmes expanded the political role of Supreme Court of Pakistan in a higher level of the government and to target high-level of government corruption independently without government interferences or government influence. Despite its controversial rulings, the Supreme Court has the strong support of the people and the elite and is one of the most 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 used its institutional authority to maintain some influence over political events.
Posted on: Tue, 03 Dec 2013 09:35:13 +0000
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