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What is the primary role of the Supreme Court in Pakistan?
What is the primary role of the Supreme Court in Pakistan?
Who is the chairman of the Judicial Commission of Pakistan responsible for appointing judges to the Supreme Court?
Who is the chairman of the Judicial Commission of Pakistan responsible for appointing judges to the Supreme Court?
Which of the following is NOT a member of the Judicial Commission of Pakistan for appointing Supreme Court judges?
Which of the following is NOT a member of the Judicial Commission of Pakistan for appointing Supreme Court judges?
Who ultimately appoints the Chief Justice of Pakistan?
Who ultimately appoints the Chief Justice of Pakistan?
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Which amendment introduced the Judicial Commission for the appointment of Supreme Court judges?
Which amendment introduced the Judicial Commission for the appointment of Supreme Court judges?
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What is the composition of the Parliamentary Committee for the appointment of the Commissioner?
What is the composition of the Parliamentary Committee for the appointment of the Commissioner?
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What action occurs if there is no consensus between the Prime Minister and the Leader of the Opposition regarding the Commissioner?
What action occurs if there is no consensus between the Prime Minister and the Leader of the Opposition regarding the Commissioner?
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How many members are in the total Parliamentary Committee for the appointment of the Commissioner?
How many members are in the total Parliamentary Committee for the appointment of the Commissioner?
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What judges make up the Supreme Judicial Council according to Article 209?
What judges make up the Supreme Judicial Council according to Article 209?
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Which part of the Supreme Judicial Council determines the inter se seniority of the Chief Justices of High Courts?
Which part of the Supreme Judicial Council determines the inter se seniority of the Chief Justices of High Courts?
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What action is taken if a member of the Council is unable to act due to illness?
What action is taken if a member of the Council is unable to act due to illness?
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In the event of a disagreement among Council members, what is the deciding factor?
In the event of a disagreement among Council members, what is the deciding factor?
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What triggers an inquiry by the Council into a Judge's conduct?
What triggers an inquiry by the Council into a Judge's conduct?
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What can the President do if the Council finds a Judge guilty of misconduct?
What can the President do if the Council finds a Judge guilty of misconduct?
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What is the role of the Council in relation to Judges' conduct?
What is the role of the Council in relation to Judges' conduct?
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Which jurisdiction does the Court exercise concurrently with the High Courts?
Which jurisdiction does the Court exercise concurrently with the High Courts?
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What type of jurisdiction allows the Court to give opinions to the Government on legal questions?
What type of jurisdiction allows the Court to give opinions to the Government on legal questions?
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Who is the member of the commission for the appointment of Judges of a High Court that must be nominated by the concerned Bar Council?
Who is the member of the commission for the appointment of Judges of a High Court that must be nominated by the concerned Bar Council?
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What must occur before a Judge can be removed from office?
What must occur before a Judge can be removed from office?
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What happens if the Chief Justice of a High Court is not available for the commission?
What happens if the Chief Justice of a High Court is not available for the commission?
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For the initial appointment of Judges of the Islamabad High Court, who else is included in the commission?
For the initial appointment of Judges of the Islamabad High Court, who else is included in the commission?
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Which member of the commission is specifically excluded when appointing the Chief Justice of a High Court?
Which member of the commission is specifically excluded when appointing the Chief Justice of a High Court?
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What is the role of the commission concerning vacancies in the Supreme Court?
What is the role of the commission concerning vacancies in the Supreme Court?
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Which members are included in the commission for the appointment of Judges of the Federal Shariat Court?
Which members are included in the commission for the appointment of Judges of the Federal Shariat Court?
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In the context of the commission for High Courts, what does the term 'mutatis mutandis' imply?
In the context of the commission for High Courts, what does the term 'mutatis mutandis' imply?
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What is the minimum requirement for an advocate to be nominated by the Bar Council in the appointment commission?
What is the minimum requirement for an advocate to be nominated by the Bar Council in the appointment commission?
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What types of appeals does the Supreme Court typically hear?
What types of appeals does the Supreme Court typically hear?
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Under which article does the Supreme Court entertain cases of violation of Fundamental Rights?
Under which article does the Supreme Court entertain cases of violation of Fundamental Rights?
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What is required for an appeal to be made to the Supreme Court as a matter of right?
What is required for an appeal to be made to the Supreme Court as a matter of right?
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What authority does the President have concerning the Supreme Court's advisory jurisdiction?
What authority does the President have concerning the Supreme Court's advisory jurisdiction?
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Where is the permanent seat of the Supreme Court located?
Where is the permanent seat of the Supreme Court located?
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What is the standard procedure if the Supreme Court decides to transfer a case from one High Court to another?
What is the standard procedure if the Supreme Court decides to transfer a case from one High Court to another?
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What power does the Supreme Court have regarding its decisions on law?
What power does the Supreme Court have regarding its decisions on law?
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Which of the following is a role of the judges besides hearing cases?
Which of the following is a role of the judges besides hearing cases?
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How many members from the Senate are part of the Parliamentary Committee?
How many members from the Senate are part of the Parliamentary Committee?
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What happens to the composition of the Committee when the National Assembly is dissolved?
What happens to the composition of the Committee when the National Assembly is dissolved?
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Who is responsible for nominating members from the Treasury Benches?
Who is responsible for nominating members from the Treasury Benches?
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What majority is required for the Committee to not confirm a nomination?
What majority is required for the Committee to not confirm a nomination?
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To whom does the Committee send the name of a confirmed nominee?
To whom does the Committee send the name of a confirmed nominee?
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What is the status of the decisions made by the Commission or the Committee in the event of a vacancy?
What is the status of the decisions made by the Commission or the Committee in the event of a vacancy?
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How are the meetings of the Committee conducted?
How are the meetings of the Committee conducted?
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What provisions do not apply to the proceedings of the Committee?
What provisions do not apply to the proceedings of the Committee?
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Study Notes
Judiciary in Pakistan
- The Supreme Court is the highest judicial body in Pakistan
- It has a Chief Justice and other judges, whose number is determined by Parliament
- The Supreme Court handles original, appellate, and advisory jurisdictions (Articles 184, 185, and 186)
Appointment and Qualifications of Supreme Court Judges
- The 18th and 19th amendments altered the process for appointing Supreme Court, High Courts, and Federal Shariat Court Judges
- A Judicial Commission of Pakistan appoints judges (Article 175A)
- The Commission includes the Chief Justice of Pakistan, senior Supreme Court judges, a former Chief Justice or judge nominated by the Chief Justice, the Federal Minister for Law and Justice, the Attorney General for Pakistan, and a senior Supreme Court advocate nominated by the Pakistan Bar Council (for 2 years)
Appointment of Judges (continued)
- The President appoints the most senior Supreme Court judge as the Chief Justice of Pakistan
- The Commission has rules for procedure
- To appoint High Court judges, Commission includes the High Court Chief Justice, the most senior judge, the Provincial Minister for Law, and a lawyer with at least 15 years of experience in that High Court, nominated by the Bar Council (for 2 years)
- For the Chief Justice of a High Court, the most senior judge is not a member of the Commission
- If the High Court Chief Justice is unavailable, a former Chief Justice substitutes
- In Islamabad High Court appointments, the Chief Justice and other Chief Justices of the four provincial High Courts are also Commission members
- The Commission, by majority, nominates individuals for Supreme Court, High Court, and Federal Shariat Court judge vacancies to a Parliamentary Committee
Parliamentary Committee
- The committee consists of eight members: four from the Senate and four from the National Assembly
- If the National Assembly is dissolved, the Committee only has Senate members
- Four members of the Committee are from the Treasury benches (two from each House), and four members from the Opposition benches (two from each House), nominated by the House Leaders
- The Secretary of the Senate acts as the Committee Secretary
Confirmation by the Committee
- The Committee confirms nominees within 14 days or the nomination is considered confirmed
- If not confirmed, the Committee sends the decision with justification to the Commission through the Prime Minister
- Nomination of a judge who is not confirmed is sent to the Prime Minister for President's appointment
Validity of Action and Decisions
- Decisions and actions of the Commission and Committee are not invalid due to vacancies or absences of members
- Meetings are held in camera and records are maintained
- Specific provisions of Article 68 do not apply
Supreme Judicial Council (Article 209)
- A Supreme Judicial Council of Pakistan is created
- The council includes the Chief Justice of Pakistan and two most senior Supreme Court Judges and two most senior Chief Justices of High Courts,
- The Council looks into a Judge's capacity or conduct, or absence
- If there's a difference of opinion among Council members, the majority viewpoint holds, and is reported to the President
- The President may remove judges for incapacity or misconduct
Court Jurisdiction
- The Supreme Court has original jurisdiction in intergovernmental disputes and enforcement of fundamental rights (Article 184)
- The court has appellate jurisdiction for criminal and civil cases (Article 185)
- The Court also has advisory jurisdiction to give opinions to the government on points of law (Article 186)
- The Supreme Court hears appeals from High Courts, Federal Shariat Court, and some special courts, plus cases of fundamental rights violation
- The Supreme Court has the power to enforce Fundamental Rights if a public interest is involved
- The court has appellate jurisdiction over High Court judgements, Federal Shariat Court, and Service Appellate Tribunals. Certain appeals are granted at discretion.
Advisory Jurisdiction
- The President can refer a question of law to the Supreme Court for opinion (Article 186)
- The seat of the Supreme Court is in Islamabad, though venues for hearings take place elsewhere such as Lahore, Karachi, Peshawer, Quetta, and Islamabad
Transfer of Cases
- The Supreme Court can transfer cases from one High Court to another (in the interest of justice).
Practice and Procedure
- Supreme Court practice and procedure are regulated by its rules, and all authorities in Pakistan assist the Court
- Decisions of law are binding on all courts in Pakistan
Decisions of the Supreme Court
- Supreme Court decisions on points of law bind all other courts.
- The court has jurisdiction in intergovernmental disputes, enforcing fundamental rights (with a public importance element), appeals, and advisory roles.
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Description
Explore the structure and appointment process of the judiciary in Pakistan, focusing on the Supreme Court. This quiz covers the amendments affecting judicial appointments, the role of the Judicial Commission, and the qualifications of judges. Test your knowledge on the key aspects and functions of the judicial system in Pakistan.
