(c) he has, for a period of not less than ten years, held a (2) In this Article, "District Judge" means judge of a principial civil court of original jurisdiction. 196. Before he enters upon his office, the Chief Justice of a High Court shall make before the Governor concerned, and any other Judge of the Court shall make before the Chief Justice, oath in such form set out in the Second Schedule as is applicable to his office. 197. A Judge of a High Court sholl hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with this Constitution. 198. At any time when- (a) the office of Chief Justice of a High Court is vacant, or such other Judge of the High Court as the President may appoint Oath of Retiring age. Acting Chief 199. If at any time Additional Judges. (a) the office of a Judge of a High Court is vacant, or (b) a Judge of a High Court is absent or is unable to per- (c) for any reason it is necessary to increase the number the President may appoint a person qualified for appointment as a 200. Each High Court in existence immediately before the commencing day shall continue to have its principal seat at the place where it had such seat before that day. 201.-(1) 201. (1) A High High Court shall have such jurisdiction as conferred on it by this Constitution or by law. (2) Subject to this Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law (a) on the application of any aggrieved party, make an order— jurisdictian of the Court, functions in connection with (ii) declaring that any act done or proceeding taken within Seats of the Jurisdiction of High Courts. of the Federation, a Province or a local authority, has been done or taken without lawful authority, and is of no legal effect; or (b) on the application of any person, make an order (i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; (ii) requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or (c) on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government, exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the fundamental rights conferred by Chapter 1 of Part II. (2) An order shall not be made under clause (2) (a) on application made by or in relation to a person in the (4) Where (a) application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (2), and (b) the Court has any reason to believe that 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 the public interest, the Court shall not make an interim order unless the prescribed law officer has been given notice of the application and the Court, after the law officer or any person authorized by him in this behalf has been given an opportunity of being heard, is satisfied that the making of the interim order would not have such effect as aforesaid. (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 established under a law relating to the Defence Services of Pakistan ; "prescribed law officer" means- (a) in relation to an application affecting the Government or an authority of or under the control (b) in any other case, the Advocate-General of the Pro- 202. (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 the Chief Justices of both High Courts. (2) When a Judge is so transferred, he shall, during the period for which he serves as a Judge of the High Court to which he is transferred, be entitled to such compensatory allowance, in addition to his salary, as the President may, by Order, determine. 203. Subject to Article 191, any decision of a High 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 which are subordinate to it. 204. Subject to this Constitution and the law, a High Court may with the approval of the Governer concerned, make rules regulating the pratice and procedure of the Court or of any other court subordinate to it. 205. Each High Court shall supervise and control all other courts subordinate to it. CHAPTER 3.-THE FEDERAL AND PROVINCIAL JUDICATURES Transfer of Decision of High Court binding on subordinate courts. Rules of proceedure. High Covrt to superintend subordinate Court. 206.-(1) In this Article and in Article 210, "Court" means the Supreme Court or a High Court. (2) A Court shall have power to punish any person who- (c) does anything which tends to prejudice the determination (d) does any other thing which, by law, constitutes contempt (3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court. 207. The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Fifth Schedule. Contempt of Remunera tion, etc. of Judges. 208. A Judge of the Supreme Court or of a High Court may resign his office by writing under his hand addressed to the President. 209. (1) A Judge of the Supreme Court or of a High Court shall not (a) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased, or (b) occupy any other position carrying the right to remuneration for the rendering of services, but this clause shall not be construed as preventing a Judge from holding or managing his private property, or a Judge of a High Court from being appointed as a Judge of the Supreme Court. (2) A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Commissioner or of Chairman or member of Law Commission, before the expiration of two years after he has ceased to hold that office. འ (3) A person who has held office as a permanent Judge (a) of the Supreme Court shall not plead or act before any court or authority in Pakistan ; (b) of a High Court shall not plead or act before any court or authority within its jurisdiction; and (c) of the High Court of West Pakistan as it existed immediatelo before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act before a court or authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the permanent bench of that High Court, to which he was assigned. 210. A Court may, with the approval of the President in the case of the Supreme Court, and of the Governor concerned in the case of a High Court, make rules providing for the appointment by the Court of officers and servants of the Court, and for their terms and conditions of employment. 211.-(1) There shall be a Supreme Judicial Council of Pakistan, hereafter in this Chapter referred to as the Council. (2) The Cuncil shall constst of (a) the Chief Justice of Pakistan ; (b) the two next most senior Judges of the Supreme Court; and (c) the two most senior Chief Justices of High Courts. Explanation. For the purpose of this clause, the inter se seniority (3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or member of the Council is absent or is unable to act due to illness or any other cause, then (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and (b) if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority among the Chief Justice of the remaining High Court, shall act as a member of the Council in his place. (4) If, upon any matter inquired into by the Council, there is a difference of opinion among its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority. (5) If, on information received from the Council or any other source, the President is of the opinion that a Judge of the Supreme Court or of a High Court (a) may be incapable of properly performing the duties of his (b) may have been guilty of misconduct, the President shall direct the Council to inquire into the matter. (6) If after inquiring into the matter, the Council reports to the President that it is of the opinion (a) that the Judge is incapable of performing the duties of (b) that he should be removed from the office, the President may remove the Judge from office. (7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article. (8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts. 212. For the purpose of inquiring into any matter weich the President has directed it to inquire into, the Council shall have the same power as the Supreme Court has to issue directions or orders for securing the attendance of any person or the person or the discovery or production of any document; and any such direction or order shall be enforceable as if it has been issued by the Supreme Court. 213. The Council shall have the same power as the Supreme Court has to punish any person who (a) abuses, interferes with or obstructs the process of the Council in any way or disobeys any of its orders; or (b) scandalizes the Council or otherwise does anything which tends to bring the Council or a member of the Council into hatred, ridicule or contempt; or Power of Council to enforce attendance of persons, etc. Power of punish for |