Introduction
Supreme Judicial Council is a unique institution. Supreme
Judicial Council has been established under constitution of Pakistan to
investigate incapability of a judge of Supreme Court or
High Court to perform duties of his office or
his guilt of misconduct.
Relevant Provisions
Article 209 to 211 of 1973 Constitution of Pakistan are
relating to supreme judicial council.
Organization of Supreme Judicial Council; Article 209 (2)
Supreme Judicial Council consists of;
- The Chief Justice of Pakistan
- The two next most senior Judges of Supreme Court and
- The two most senior Chief Justices of High court
Functions of Supreme Judicial Council
Following are the functions of supreme judicial council
1. Making Inquiry
Inquiry regarding incapability of judge of Supreme Court or High court due to physical or mental incapacity or
inquiry regarding guilt misconduct of judge of Supreme Court or High Court.
2. Opinion
If there is a difference of opinion amongst members of
Supreme Judicial Council, opinion of majority prevails, and the report of the
Council to the President is expressed is terms of view of the majority.
3. Removal of Judge
If the Supreme Judicial Council reports to the President
that it is of the opinion that judge of Supreme Court or High Court is
incapable of performing the duties of his office or has been guilty of
misconduct, and that he should be removed from office, the President can remove
the Judge from office.
4. Code of Conduct; Article 209(8):
Supreme Judicial Council issue a code of conduct, which is
to be observed by Judges of Supreme Court and High Courts.
5. Powers
It is also the function of the council and its power of
issuing directions or orders for securing the attendance of any person or for
discovery or production of documents. The orders issued by the council in this
connection are enforceable as though, had been issued by the Supreme Court.
6. Bar of Jurisdiction; Article 211:
The actions taken or reports made by the council shall not
be questioned in any court of law.
Conclusion
To conclude, it can be stated that Supreme Judicial Council
cannot be completed without Chief Justice of Pakistan and its verdict is not
valid without Chief Justice of Pakistan.
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