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Article 209. Supreme Judicial Council

There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.

  1. The Council shall consist of—
    1. the Chief Justice of the Federal Constitutional Court;
    2. the Chief Justice of the Supreme Court;
    3. one next most senior Judge each of the Federal Constitutional Court and the Supreme Court; XXXII of 2025), ss. 46-48. [2]
    4. a Judge of the Federal Constitutional Court or the Supreme Court jointly nominated by the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court, for a period of two years;
    5. the two most senior Chief Justices of the High Courts.

    Explanation I. – The senior amongst the Chief Justice of the Federal Constitutional Court and the Chief Justice of the Supreme Court shall be the Chairperson of the Council. Their inter se seniority shall be determined with reference to their dates of appointment as the Chief Justices of the Federal Constitutional Court and the Chief Justice of the Supreme Court otherwise than as acting Chief Justice, in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of the High Courts.
    Explanation II. – If a Judge may not be nominated under paragraph (d), the respective Chief Justices shall forward one nominee each to the President who shall, on advice of the Prime Minister, nominate one of them as a Judge under paragraph (d).
    Explanation III. – For the purposes of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice otherwise than as acting Chief Justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of the High Courts.
  2. If at any time, the Council is inquiring into the capacity, inefficiency or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then if such member is the–
    1. Chief Justice or Judge of the Federal Constitutional Court or the Supreme Court, as the case may be, the Judge who is next in seniority below the Judges referred to in paragraph (c) of clause (2), as the case may be;
    2. Judge of the Federal Constitutional Court or the Supreme Court referred to in paragraph (d) of clause (2), another Judge nominated under paragraph (d) or Explanation II of clause (2); and
    3. Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.
  3. If, upon any matter inquired into by the Council, there is a difference of opinion amongst 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.
  4. If, on information from any source or the report from the Commission under clause (19) of Article 175A , the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court-
    1. may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
    2. may be inefficient in the performance of the duties of his office; or
    3. may have been guilty of misconduct, or
    4. does not accept a transfer under Article 200.
    the Council, on its own motion or on receipt of report from the Commission under clause (19) of Article 175A or on the direction of the President, shall inquire into the matter.
  5. If, after inquiring into the matter, without unnecessary delay and in case of report or direction under clause (5), within six months , the Council reports to the President that it is of the opinion that –
    1. the Judge is [1] incapable of performing the duties of his office or is found inefficient in performance of the duties of his office or has been guilty of misconduct ; and
    2. he should be removed from office, the President may remove the Judg[1] e from office.
  6. A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
  7. The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and the High Courts.
  8. Subject to the rules made by the Council, ther[1] e shall be a secretariat of the Council to be headed by a secretary and shall include such other officers and staff, as may be necessary.
  9. Withi[1] n sixty days of commencement of the Constitution (Twenty-seventh Amendment) Act, 2025, the Council shall make rules regulating its procedure and conduct of business.[1]
Annotations (1)
  • amendment [2] the Constitution (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024). ss.20-21.
  • Permalink: http://laws.alianwaar.com/constitution/209

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