Power of AuditorGeneral of Pakistan to give directions as to accounts. Audit Ownerless property. Power to acquire property and to make con tracts, etc. (2) The provisions of the last preceding Article shall apply in relation to the Auditor-General of a Province as they apply in relation to the Auditor-General of Pakistan, subject to the following modifications, that is to say (a) a person who is, or has been, Auditor-General of a Province shall be eligible for appointment as AuditorGeneral of Pakistan ; and (b) in clauses (3) and (4) of the said Article, for the reference to the President there shall be substituted a reference to the Governor, and for the reference to the Federal Legislature there shall be substituted a reference to the Provincial Legislature. (3) Nothing in this Article shall derogate from the power of the Auditor-General of Pakistan to give such directions in respect to the accounts of Provinces as are mentioned in the next succeeding Article. 172. The accounts of the Federation shall be kept in such form as the Auditor-General of Pakistan may, with the approval of the President, prescribe and, in so far as the Auditor-General may, with the like approval, give any directions with regard to the methods or principles in accordance with which any accounts of Provinces ought to be kept, it shall be the duty of every Provincial Government to cause accounts to be kept accordingly. 173. The reports of the Auditor-General of Pakistan relating to the accounts of the Federation shall be submitted to the President, who shall cause them to be laid before the National Assembly, and the reports of the Auditor-General of Pakistan or of the Auditor-General of the Province, as the case may be, relating to the Accounts of a Province, shall be submitted to the Governor of the Province, who shall cause them to be laid before the Provincial Assembly, and provision shall be made in the rules of procedure of the National Assembly or, as the case may be, the Provincial Assembly, for discussion of such report or reports. CHAPTER 3.-PROPERTY, CONTRACTS, LIABILITIES AND SUITS 174. Any property which has no rightful owner shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Federal Government. 175. (1) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of, the Federal Government or the Provincial Government, as the case may be, and to the making of contracts. (2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal Government or, as the case may be, in the Provincial Government. (3) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be expressed to be made by the President, or by the Governor of the Province, as the case may be and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the President or Governor by such persons and in such manner as he may direct or authorize. (4) Neither the President, nor the Governor of a Province, shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof, 176. The Federation may sue or be sued by the name of the Federation of Pakistan, and a Provincial Government may sue or be sued by the name of the Province. PART VIII The Judicature CHHAPTER 1.-The SUPREME COURT OF PAKISTAN 177.-(1) There shall be a Supreme Court of Pakistan. (2) The Supreme Court shall consist of a Chief Justice of Pakistan and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President. Suits and Establishment and consititution of Supreme Court. 178. (1) The Chief Justice of Pakistan shall be appointed by Appointthe President, and the other Judges shall be appointed by the President after consultation with the Chief Justice. (2) A person shall not be appointed as a Judge of the Supreme Court unless he is a citizen of Pakistan and— (a) he has for a period of, or for periods aggregating, not (b) he has for a period of, or for periods aggragating, not 179. Before he enters upon his office, the Ch.ef Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in such form set out in the Second Schedule as is applicable to his office. 180. A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with this Constitution. 181. At any time when (a) the office of Chief Justice of Pakistan is vacant: or such other Judge of the Supreme Court as the President may appoint ment of Supreme Court Jud ges. Date of office. Retiring age. Acting Chief Acting Judges. Appointment of ad hoe Judges. Seat of the Original jurisdiction of Supreme Court. Appellate jurisdiction of Supreme Court 182.-(1) At any time (a) the office of a Judge of the Supreme Court is vacant; or (b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to illness or any other cause, the President may appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court. (2) An appointment under this Article shall continue in force until it is revoked by the President. 183. If at any time it is not possible for want of a quorum of Judges of the Supreme Court to hold or continue any sittings of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan may, in writing, with the approval of the President and the consent of the Chief Justice of the High Court concerned, require a Judge of a High Court qualified for appointment as a Judge of the Supreme Court to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary, and while so sitting, such ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court. 184. (1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad. (2) The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint. (3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may appoint. 185. (1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments. (2) In the exercise of the jurisdiction conferred on it by this Article, the Supreme Court shall pronounce declaratory judgments only. (3) In this Article, "the Governments" means the Federal Government and the Provincial Governments. 186.-(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of a High Court. (2) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court shall lie as of right where (a) the High Court certifies that the case involves a sub- (b) the High Court bas sentenced a person to death, (c) the High Court has imposed punishment on a person in (3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal. 187.-(1) If at any time the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. (2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President. 188. In addition to the jurisdiction conferred on it by this Constitution, the Supreme Court shall have such other jurisdiction as may be conferred on it by law. 189.-(1) The Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any cause or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document. (2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, be executed as if it had been issued by the High Court of that Province. (3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final. 190. The Supreme Court shall have power, subject to the provisions of any Act of the Federal Legislature and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it. 191. Any decision of the Supreme 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. 192. All executive and judicial authorities throughout Pakis tan shall act in aid of the Supreme Court. Advisory jurisdiction. Additional jurisdiction may be conferred on Supreme Court by law. Issue and execution of processes of Supreme Court. Review of Decision of Supreme Court binding on other courts. Action in aid of Supreme Court, Rules of procedure. Establishment and constitution of High Courts. Appoint- 193, Subject to this Constitution and the law, the Supreme Court may, with the approval of the President, makc rules regulating the practice and procedure of the Court. CHAPTER 2.-THE HIGH COURTS 194. (1) Except as provided in clause (2), there shall be a High Court for each Province. (2) Any two Provinces may, with the consent of the president, agree that there shall be a common High Court for the two Provinces, and the President shall establish a common High Court accordingly. Explanation. The Sind and Baluchistan High Court as functioning immediately before the commencing day shall be deemed to have been established under this clause. (3) A High Court established under clause (2) shall have jurisdiction in both the Provinces for which it has been established. (4) The agreement referred to in clause (2) shall contain such incidental and consequential provisions, including provisions relating to sharing of expenditure connected with the High Court, as may appear necessary or desirable for giving effect to the purposes of the agreement and shall specify by which Governor any function which is to be discharged by a Governor of a Province under this Chapter shall be discharged in respect of the common High Court, and the Governor so specified shall have the power to discharge those functions. (5) The jurisdiction of a High Court may, by Act of the Federal Legislature, be extended to any area in Pakistan not forming part of a Province. (6) A High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President. 195. (1) A Judge of a High Court shall be appointed by the President after consultation (a) with the Chief Justice of Pakistan; (b) with the Governor concerned; and (c) except where the appointment is that of Chief Justice, with the Chief Justice of the High Court. (2) A person shall not be appointed as a Judge of a High Court unless he is a citizen of Pakistan, is not less than forty years of age, and (a) he has for a period of, or for periods aggregating, not less than ten years, been an advocate of a High Court, (including a High Court which existed in Pakistan at any time before the commencing day); or (b) he is, and has for a period of not less than ten years been, a member of a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or |