Law: Constitution of Pakistan, 1973

Section: 175(2),184(3)

(a) Constitution of Pakistan--- ----Art. 175(2)---Jurisdiction of Courts---Scope---Judicial power---Judicial process for a certain jurisdiction of the Court comprises of three categories; firstly, a court must have jurisdiction; secondly, that jurisdiction must be properly invoked; and, thirdly, the jurisdiction must be properly exercised---Said tripartite arrangement is not simply a matter of merely classificatory convenience; the three categories are a blend of matters substantive and procedural---Said tripartite categorization thus lies at the heart of judicial power, as an integral part thereof. Huddart, Parker and Co. v. Moorehead (1909) 8 CLR 330, [1909] HCA 36 ref. (b) Constitution of Pakistan--- ----Art. 175(2)---Jurisdiction of Courts---Scope---Article 175(2) of the Constitution provides that ‘No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.’---Cast though it is in negative terms, this provision ought not, be read in minimalist and literalist terms---For one thing, this may seriously jeopardize or compromise the independence of the judiciary and result in a substantial erosion (and even denial) of access to justice---Further, such an approach would, among other consequences, divest the courts of jurisdiction that is regarded as inherent---Literal and minimalist reading of Art. 175(2) of the Constitution may cast doubt on this (and equivalent) provisions, which would clearly be incorrect---Conferring of jurisdiction on courts by the Constitution and the law (and since the law must ultimately find repose in the Constitution, the former in particular) does not mean only such as is expressly so conferred; it includes also, but is not limited to, all such jurisdiction as by intendment or necessary implication (especially including, on the constitutional plane, such as may be required to give full expression to constitutional provisions and principles) must be held to vest or inhere in courts of law. (c) Constitution of Pakistan--- ----Art. 184(3)---Suo motu powers of the Supreme Court---Scope---Suo motu jurisdiction is an expression of the power that vests in the judicial branch, and is a…

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