Supreme Court


The Supreme Court is the apex Court of the Islamic Republic of Pakistan. It is the Court of ultimate appeal and therefore final arbiter of law and the Constitution. It exercises original, appellate and advisory jurisdiction. Its judgments/decisions are binding on all other courts in the country. All the executive and the judicial authorities are bound to act in aid of the Supreme Court.

The Constitution of Pakistan, (1973) contains elaborate provisions on the composition, jurisdiction, powers and functions of the Court. The qualifications for, and mode of appointment of judges, their retirement age, grounds and procedure for removal from office and terms and conditions of the service of judges are also specified in the basic document. The Constitution also provides for the independence of judiciary and its separation from the Executive. Consequently, there prevails in the country, full institutional and decisional judicial independence. The Supreme Court and High Courts also possess a degree of financial autonomy, inasmuch as the concerned Chief justice is authorized, inter alia, to sanction expenditure and to re-appropriate funds within the budgetary allocation without any prior approval or concurrence of the Ministry of Finance. These courts are also empowered to make their own rules of procedure and determine the terms & conditions of service of their staff.

Establishing a system of trichotomy of power, the Constitution assigns the Supreme Court a unique responsibility of maintaining harmony and balance between the three pillars of the State, namely, Legislature, Executive and Judiciary. The idea is to ensure that the state organs perform their respective functions within the stipulated limits and constraints. As a guardian of the Constitution, the Court is required to "preserve, protect and defend" this document. Seen in this context, the Court plays the role of unifying and integrating the nation, its communities, regions and institutions. Indeed, it occupies a pivotal position in the Constitutional dispensation.

The Supreme Court is also a custodian and upholder of citizens' rights, liberties and freedoms. The Court has been given a very significant role of protecting the Fundamental Rights of citizens. For this purpose under article 184(3), the Supreme Court is empowered to take action, if it considers that a question of public importance with reference to enforcement of any of the Fundamental Rights conferred by the Constitution is involved.