Pakistan's new top court in 9 flashcards.

Quick quiz. Who binds whom?

Guess first, then swipe for the answer.

• A. No court binds it
• B. The Federal Constitutional Court
• C. The Islamabad High Court

Answer: B. Article 189.

Substituted by the 27th Amendment.

“(1) Any decision of the Federal Constitutional Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan including the Supreme Court. (2) Any decision of the Supreme Court shall … be binding on all other courts in Pakistan except the Federal Constitutional Court.”

Constitution of Pakistan · Article 189, Decisions binding on other courts

The court. Cards 1 to 3.

Who sits, and who may.

• BenchEqual number of Judges from each Province; at least one from the Islamabad High Court. (Art. 175B(1))
• Who qualifiesA Supreme Court Judge; 5 years a High Court Judge; or 20 years a High Court advocate who is an ASC. (Art. 175C(2))
• OathChief Justice before the President; Judges before the Chief Justice. (Art. 175D)

Original jurisdiction.

Cards 4 to 6.

• GovernmentsDisputes between the Federal and Provincial Governments, to the exclusion of every other court. (Art. 175E(1))
• DeclaratoryIn those disputes it pronounces declaratory judgments only. (Art. 175E(2))
• Rights casesPublic importance plus Fundamental Rights, but only if an application is filed by a person. (Art. 175E(3))

Myth or fact?

Old notes, new law.

• Myth: Article 184(3) still lets the Supreme Court hear rights cases directly.
• Fact: Article 184 was omitted by the 27th Amendment (s.29). That power now sits in Art. 175E(3).

Appeals. Cards 7 to 9.

From High Courts, in three routes.

• By statuteWhere an Act of Parliament so provides. (Art. 175F(1)(a))
• CertificateThe High Court certifies a substantial question of constitutional interpretation. (Art. 175F(1)(b))
• Writs, with leaveArticle 199 orders, only if the Court grants leave. No appeal in rent and family cases, except guardianship. (Art. 175F(1)(c))

Myth or fact?

The viva trick question.

• Myth: The new court can never act on its own.
• Fact: It may, on its own motion, call for the record of any pending case raising a substantial question of constitutional interpretation (Art. 175E(5)).

Myth or fact?

What happened to pending cases.

• Myth: Cases filed in the Supreme Court before the Amendment stay there.
• Fact: Those within the new court's jurisdiction stand transferred to it (Art. 175E(4), 175F(2)).

Revising the Constitution?

FAI has the text as amended up to the 27th Amendment.

• Compare Article 184(3) before and after the 27th Amendment.
• Explain Article 175E of the Constitution with its provisos.

Example questions

What this does not mean

• Article 184(3) no longer lets the Supreme Court hear rights cases directly. Article 184 was omitted by the 27th Amendment, and that power now sits in Art. 175E(3).
• In rights cases under Art. 175E(3) the court acts only on an application filed by a person, though it may call for the record of a pending case raising a substantial question of constitutional interpretation on its own motion (Art. 175E(5)).
• There is no appeal from High Court writ orders in rent and family cases, except guardianship (Art. 175F(1)(c)).

Questions people ask

Sources

• Constitution of Pakistan · Article 189
  Decisions binding on other courts Pakistan Code