Supreme Court of Pakistan - Constitutional Authority

Constitutional Authority

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 Court's 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.