Case Details

Citation(s)
2013 SLG 1699 2013 SLD 1699 2013 PLD 279
Supreme Court of Pakistan
Reference by the President of Pakistan under Article 186 ofthe Constitution of Islamic Republic of Pakistan, 1973Reference No.1 of 2012, heard on 14-12-2012 (Reserved)
KHILJI ARIF HUSSAIN, TARIQ PARVEZ, EJAZ AFZAL KHAN, GULZAR AHMED AND SH. AZMAT SAEED, JJ
Wasim Sajjad, Senior Advocate Supreme Court, Abdul Latif Yousafzai, Senior Advocate Supreme Court, Idrees Ashraf, Advocate and Mehr Khan Malik, Advocate-on-Record for President. Irfan Qadir, A. G. for Pakistan, Dil Muhammad Alizai, DAG, Barrister Shehryar

Reference by the President of Pakistan under Article 186 of the Constitution of Islamic Republic of Pakistan, 1973

Law:

Section:

(a) Constitution of Pakistan----Art. 175A---Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court---Suitability of a candidate, determination of---Judicial Commission, powers of---Scope---Suitability of a candidate regarding his ability, legal competency and integrity, was to be determined by the Judicial Commission. (b) Constitution of Pakistan--- ----Art. 175A---Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court---Suitability of a candidate, determination of---Role of most senior Judges of the Supreme Court/High Courts as members of the Judicial Commission---Scope---For purposes of selecting the best person as a Judge of the superior Courts, the most senior Judges of the Supreme Court and the High Courts, being members of the Judicial Commission, having one vote each, were supposed to form their opinions independently about the ability, legal competency, integrity and administrative skill of the person, whose name was initiated by the Chief Justice of Pakistan or by the Chief Justice of the High Court. (c) Constitution of Pakistan--- ----Arts. 213(1) & (2A) & 218 (2)(b)---Appointment of Chief Election Commissioner and members of the Election Commission---Discretion of the President of Pakistan---Scope---Although the President had to appoint the Chief Election Commissioner and members of the Election Commission, (but) he had no discretion except to appoint the "person" whose name was confirmed by the Parliamentary Committee. (d) Constitution of Pakistan--- ----Art. 224(1A)---Appointment of care-taker Prime Minister---Discretion of the President of Pakistan---Scope---Although the President had to appoint the care-taker Prime Minister but he was only a symbolic appointing authority with no discretion, and had to appoint the person nominated by the outgoing Prime Minister and the Leader of the Opposition as care-taker Prime Minister. (e) Constitution of Pakistan--- ----Art. 242 (1A)---Chairman of Federal Public Service Commission, appointment of---President of Pakistan to act on advice of Prime Minister---Scope---For purposes of appointment of Chairman of Federal Public Service Commission,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492