Indexed passage in the Constitution of Pakistan

1[(3) An order shall not be made under clause (1) on appli cation made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect o f any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law.] 2* * * * * * * * * (4) Where — (a) an application is made to a High Court for an o rder under paragraph (a) or paragraph (c) of clause (1), and (b) the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest 3[or State property] or of impeding the assess ment or collection of public revenues, the Court shall not make an interim order unless the prescribed law officer has been given notice of the application and he or any person authorised by him in that behalf has had an opportunit y of being heard and the Court, for reasons to be recorded in writing, is satisfied that the interim order — (i) would not have such affect as aforesaid; or (ii) would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction. 1 Subs. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 9, for "clause (3)", (w.e.f. the 4th May, 1974). 2 Clauses (3A), (3B) and (3C) omitted by P. O. No. 14 of 1985, Art. 2 and Sch., which was previously amended by various enactments. 3 Ins. ibid., CONSTITU TION OF PAKISTAN 107 1[(4A) An interim order made by a High Court on an appli cation made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made taken or done under any law which is specified in Part I of the First Schedule or r elates to, or is connected with, State prop erty or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months follow ing the day on which it is made : Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made.] 2* * * * * * * * * (5) In this Article, unless the context otherwise requires, — "person" includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal establ ished under a law relating to the Armed Forces of Pakistan ; and "prescribed law officer" means — (a) in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney -General, and (b) in any other case, the Advocate -General for the Province in which the application is made. 200. Transfer of High Court Judges 200. (1) The President may transfer a Judge of a High Court from one High Court to another High Court, but no Judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts 3[:] 4* * * * * * * * * 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 72, for “clause (4A)”. 2 Clause (4B) omitted by the Chief Executive’s Order, 2002 (24 of 2002), Art. 2 and Sch. which was previously amended by P.O. No. 14 of 1985, Art. 2 and Sch. 3 Subs. by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s. 12, for full -stop (w.e.f. the 13th September, 1976). 4 Proviso omitted by the Co nstitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 73. CONSTITU TION OF PAKISTAN 108 Explanation .—In this Article, "Judge" does not include a Chief Justice 1[but includes a Judge for the time being acting as Chief Justice of a High Court other than a Judge of the Supreme Court acting as such in pursuance of a request made under para graph (b) of Article 196].] 2[(2) Where a Judge is so transferred or is appointed to an office other than that of Judge at a place other than the principal seat of the High Court, he shall, during the period for which he serves as a Judge of the High Court to which he is transferred, or holds such other office, be entitled to such allo wances and privi leges, in addition to his salary, as the President may, by Order, determine.] 3[(3) If at any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that Court may require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and jurisdiction as a Judge of that High Court: Provi ded that a Judge shall not be so required except with his consent and the approval of the President and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge.] 4[Explanation .— In this Article, "High Court" includes a Bench of a High Court.] 5* * * * * * * * * 201. Decision of High Court binding on subordinate Courts 201. Subject to Article 189, any decision of a High Court shall, to the extent that it decides a question of law or is based up on or enunciates a principle of law, be binding on all courts subordinate to it. 202. Rules of procedure 202. Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any court subordinate t o it. 1 Added by the Constitution (Third Amdt.) Order, 1985 (P. O. No. 24 of 1985), Art. 3. 2 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for "clause (2)". 3 Clause (3) added by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 10, (w.e.f. the 4th May, 1974) 4 Explanation added by P. O. No. 14 of 1985, Art. 2 and Sch., 5 Clause (4) omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.73. CONSTITU TION OF PAKISTAN 109 203. High Court to superintend subordinate Courts 203. Each High Court shall supervise and control all courts subor dinate to it. 1[CHAPTER 3A. – FEDERAL SHARIAT COURT 203A. Provisions of Chapter to override other provisions of Constitution 203A . The provisions of this Chapter shall have effect notwith standing anything contained in the Constitution. 203B. Definitions 203B. In this Chapter, unless there is anything repugnant in the subject or context, — 2[(a) "Chief Justice" means Chief Justic e of the Court;] (b) "Court" means the Federal Shariat Court constituted in pursuance of Article 203C ; 3[(bb) "Judge" means Judge of the Court;] (c) "law" includes any custom or usage having the force of law but does not include the Constitution, Muslim per sonal law, any law relating to the procedure of any court or tribunal or, until the expiration of 4[ten] years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance pra ctice and procedure ; and 5* * * * * * * * * 203C. The Federal Shariat Court 203C. (1) There shall be constituted for the purposes of this Chapter a Court to be called the Federal Shariat Court. 1 Subs. by the Constitution (Amdt) Order, 1980 (P.O. No. 1 of 1980). Art. 3, for the "existing Chapter 3A" (w.e.f. 26th May, 1980). 2 Subs. by the Constitution (Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 2. for “paragraph (a)”. 3 Ins. ibid., 4 Subs. by P.O. No. 14 of 19 85, Art. 2 and Sch., which was previously amend ed by various enactments for “five”. 5 Paragraph (d) omitted by P. O. No. 5 of 1982, Art. 2. CONSTITU TION OF PAKISTAN 110 1[(2) The Court shall consist of not more than eight Musl im 2[Judges], including the 3[Chief Justice], to be appointed by the President 4[in accordance with Article 175A ]. 5[(3) The Chief Justice shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme Court or who is or has been a permanent Judge of a High Court. (3A) Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be Ulema 6[having at least fifteen years experience in I slamic law, research or instruction. ] (4) The 7[Chief Justice] and a 8[Judge] shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine: Provided that a Judge of a High Co urt shall not be appointed to be a 8[Judge] 9* * * except with his consent and 10[, except where the Judge is himself the Chief Justice,] after consultation by the President with the Chief Justice of the High Court. 11[(4A) The 7[Chief Justice], if he is not a Judge of the Supreme Court, and a 8[Judge] who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.] 12[(4B) The Chief Justice and a Judge shall not be removed from office except in the like m anner and on the like grounds as a Judge of the Supreme Court.] 13* * * * * * * * * (6) The principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such other places in Pakistan as the 14[Chief Justice] may, with the ap proval of the President, appoint. 1 Subs. by the Constitution (Second Amdt.) Order, 1981 (P. O. No. 7 of 1981), Art. 2, for "clause (2)". 2 Subs. by P. O. No. 5 of 1982, Art. 3, for "members". 3 Subs . ibid ., for "Chairman". 4 Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 74. 5 Subs. by the Constitution (Third Amdt.) Order 1985 (P. O. No. 24 of 1985), Art. 4, for "clause(3 )". 6 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 74, for certain words. 7 Subs. by the Constitution (Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 3, for "Chairman". 8 Subs. ibid., for "members". 9 Certain words omi tted by Act No. 10 of 2010, s. 74. 10 Subs. by the Constitution (Third Amdt.) Order 1985 (P. O. No. 24 of 1985), Art. 4, for "one year". 11 Ins. by the Constitution (Second Amdt.) Order, 1980 (P. O. No. 4 of 1980), Art. 2. 12 Subs. by Act No. 10 of 2010, s. 74, for clause (4B) for which was previously ins. by P. O. No. 14 of 1985,