vustudents
08-14-2012, 10:23 PM
Q. What is supreme judicial council? Discuss its composition and function under the constitution of 1973. (1997-S)
Q. What are the functions of the supreme judicial council. how is it constituted under the present constitution. (1997-A) (1995)
Q. What are the powers and functions of supreme judicial council how it is constituted.
1. Introduction:
Supreme judicial council is a unique institution. it makes enquires against the judges of high court and also the judges of supreme court of Islamic republic of Pakistan. A judge of high court or the supreme court can be removed on the report of supreme judicial council.
2. Relevant Provisions:
Article 209 to 211.
3. Scope:
The judges of supreme courts are accountably in accordance with the article 209 of the constitution of Pakistan. an individual has not right to move against a judge in the supreme judicial council.
Case law
Asad Ali v/s Fedration of Pakistan PLD 2000 P. 179.
It was held that recommendation of the chief justices of the high otherwise of a person to be appointed or confirmed as judge of high court would not fall within the scope of Article 209.
4. Matters which can be enquired by the supreme judicial council:
Supreme judicial council can enquire the matters as under.
(i) The incapacity of a judge to perform the duties of his office properly arising out physical or mentally.
(ii) Misconduct of the judge.
5. Nature of proceeding before supreme judicial council:
The proceeding against a judge of the high court or the supreme court neither criminal nor civil. it is merely an administrative nature proceeding.
6. Modes of proceeding:
Supreme judicial court can take or initate proceeding:
(i) By it self.
(ii) By the reference of the president of Pakistan.
7. Organization of supreme judicial council:
Supreme judicial council consists of the chief justice of Pakistan, the two next most senior judges of the supreme court and the two most senior judges of high court.
8. Powers and functions of supreme judicial council:
(i) Making of enquiry:
The primary function of the supreme judicial council is to make enquiry into the conduct of a judge of the supreme court of high court. if, on the basis of information received from the council or from any other source, the president is of the opinion that a judge of the supreme court or high court.
(a) May be incapable of properly performing his duties due to physical or mental incapacity.
(b) May have the guilty of misconduct.
the president shall direct the council to inquire into the matter. supreme judicial council will undertake such an enquiry and submit a report on the matter, by majority of its members, declaring that the judge is incapable of performing his duties or has been guilty of misconduct, the president may remove the judge from his office.
(ii) Power to enforce attendance of person:
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 they had been issued by the supreme court.
(iii) Code of conduct:
Supreme judicial council provide a code of conduct for the judges of the supreme court and high court.
(iv) Contempt of court:
The law of contempt of court is also applicable to the council.
9. Bar of Jurisdiction:
The actions taken or reports made by the council shall not be questioned in any court of law.
10. Conclusion:
To conclude I can say that supreme judicial council is an important constitutional institution. the president of Pakistan can only remove a judge only if the supreme judicial council so recommends.
Q. What are the functions of the supreme judicial council. how is it constituted under the present constitution. (1997-A) (1995)
Q. What are the powers and functions of supreme judicial council how it is constituted.
1. Introduction:
Supreme judicial council is a unique institution. it makes enquires against the judges of high court and also the judges of supreme court of Islamic republic of Pakistan. A judge of high court or the supreme court can be removed on the report of supreme judicial council.
2. Relevant Provisions:
Article 209 to 211.
3. Scope:
The judges of supreme courts are accountably in accordance with the article 209 of the constitution of Pakistan. an individual has not right to move against a judge in the supreme judicial council.
Case law
Asad Ali v/s Fedration of Pakistan PLD 2000 P. 179.
It was held that recommendation of the chief justices of the high otherwise of a person to be appointed or confirmed as judge of high court would not fall within the scope of Article 209.
4. Matters which can be enquired by the supreme judicial council:
Supreme judicial council can enquire the matters as under.
(i) The incapacity of a judge to perform the duties of his office properly arising out physical or mentally.
(ii) Misconduct of the judge.
5. Nature of proceeding before supreme judicial council:
The proceeding against a judge of the high court or the supreme court neither criminal nor civil. it is merely an administrative nature proceeding.
6. Modes of proceeding:
Supreme judicial court can take or initate proceeding:
(i) By it self.
(ii) By the reference of the president of Pakistan.
7. Organization of supreme judicial council:
Supreme judicial council consists of the chief justice of Pakistan, the two next most senior judges of the supreme court and the two most senior judges of high court.
8. Powers and functions of supreme judicial council:
(i) Making of enquiry:
The primary function of the supreme judicial council is to make enquiry into the conduct of a judge of the supreme court of high court. if, on the basis of information received from the council or from any other source, the president is of the opinion that a judge of the supreme court or high court.
(a) May be incapable of properly performing his duties due to physical or mental incapacity.
(b) May have the guilty of misconduct.
the president shall direct the council to inquire into the matter. supreme judicial council will undertake such an enquiry and submit a report on the matter, by majority of its members, declaring that the judge is incapable of performing his duties or has been guilty of misconduct, the president may remove the judge from his office.
(ii) Power to enforce attendance of person:
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 they had been issued by the supreme court.
(iii) Code of conduct:
Supreme judicial council provide a code of conduct for the judges of the supreme court and high court.
(iv) Contempt of court:
The law of contempt of court is also applicable to the council.
9. Bar of Jurisdiction:
The actions taken or reports made by the council shall not be questioned in any court of law.
10. Conclusion:
To conclude I can say that supreme judicial council is an important constitutional institution. the president of Pakistan can only remove a judge only if the supreme judicial council so recommends.