Law: Constitution of Pakistan, 1973

Section: 184(3),197

(a) Constitution of Pakistan--- ----Art. 184(3)---Invoking original jurisdiction of the Supreme Court under Art. 184(3) of the Constitution---Pre-requisites---To invoke the original jurisdiction of the Supreme Court, a petitioner must establish the violation of his Fundamental Right(s), the enforcement of which is a matter of importance to the public at large---In the absence of either element, the Constitutional petition cannot be entertained. Dr. Muhammad Tahir-ul-Qadri v. Federation of Pakistan PLD 2013 SC 413 and Al-Jehad Trust and another v. Lahore High Court 2011 SCMR 1688 ref. (b) Constitution of Pakistan--- ----Arts. 197 184(3)---Additional Judges of the High Court not confirmed as Permanent Judges (petitioners)---Constitutional petition filed by the petitioners against their non-confirmation---Maintainability---Petitioners failed to establish the primary condition for the maintainability of their petition, namely, that any Fundamental Right of theirs had been infringed---Additional Judges are only appointed for such duration as the President determines subject to any period prescribed by law---Currently no such law exists therefore it is the President who decides the period for which a person performs the functions of an Additional Judge---As a matter of convention such period is one year, at the end of which the (Judicial) Commission may either confirm an Additional Judge or grant him/her an extension or allow his/her term of appointment to expire---Since the confirmation of Additional Judges is contingent upon the approval of the Commission, it cannot be said that Additional Judges possess a constitutional tenure---Petitioners being Additional Judges cannot on the strength of the doctrine of independence of judiciary and/or access to justice claim a right to be confirmed as Permanent Judges of the High Court---Any decision to the contrary will render Article 197 of the Constitution redundant---Similarly, Additional Judges cannot also claim an extension of their term because no Fundamental Right under the Constitution confers such entitlement upon them---When the (Judicial) Commission as a whole was not in favour of recommending the petitioners for an…

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