- Establishment and jurisdiction of courts.—(1) There shall be a Supreme Court of Pakistan, a High Court for each Province 1[and a High Court for the Islamabad Capital Territory] and such other courts as may be established by law.
1[Explanation.-Unless the context otherwise requires, the words “High Court” wherever occurring in the Constitution shall include “Islamabad High Court.]
(2) No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.
(3) The Judiciary shall be separated progressively from the Executive within 2[fourteen] years from the commencing day3[:]
3[Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts mentioned at serial No. 6, 7, 8 and 9 of sub-part III of Part I of the First Schedule, who claims, or is known, to belong to any terrorist group or organization using the name of religion or a sect.
Explanation : In this proviso, the expression ‘sect’ means a sect of religion and does not include any religious or political party regulated under the Political Parties Order, 2002.]
Footnotes:
- Section 3 of the Constitution (Nineteenth Amendment) Act, 2010 (1 of 2011), substituted the “Explanation”, to clause (1) of Art. 175, (w.e.f. January 1, 2011). Section 66 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), had inserted the said words, after the word “Province” in clause (1) of Art. 175 and added an “Explanation” thereto, (w.e.f. April 19, 2010). The Explanation, as added in April, 2010, read :
Explanation. – The words “High Court” wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory.]
Section 2 of the Constitution (Amendment) Order, 2007, President’s Order No. 5 of 2007 (P.O. No. 5 of 2007), promulgated by President Musharraf, in the period of unconstitutional rule (between November 3, 2007 and December 15, 2007), w.e.f. November 20, 2007, had first purported to insert the said words, after the word “Province” in clause (1) of Article 175 and add the said “explanation” at the end of the said clause :
As P.O. No. 5 of 2007, including the said purported Amendments, was not validated by the Parliament, after the general elections of 18th of February, 2008, it was held to be void ab initio and of no legal effect in the Short Order dated 31st of July, 2009 and the detailed judgment of the Supreme Court dated 30th of September, 2009 in C.P. No. 09 of 2009 Sindh High Court Bar Association v/s Federation of Pakistan and others.- Item 33 of the schedule to RCO (P.O. No. 14 of 1985), substituted the said word in place of the word “five”, in clause (3) of Art. 175, (w.e.f. March 2, 1985).
- Section 2 of the Constitution (Twenty-Third Amendment) Act, 2017 (XII of 2017), assented to by the President on March 30, 2017, substituted a colon, in place of the full stop, at the end of clause (3) of Art. 175 and thereafter inserted the said proviso and explanation thereto, (w.e.f. January 7, 2017). The said punctuation and a proviso and explanation at the end of the said clause were first substituted and inserted by Section 2 of the Constitution (Twenty-First Amendment) Act, 2015 (I of 2015), for a period of two (2) years (w.e.f. January 7, 2015), that read :
“[:]
Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts mentioned at serial No. 6, 7, 8 and 9 of sub-part III of Part I of the First Schedule, who claims, or is known, to belong to any terrorist group or organization using the name of religion or a sect.
Explanation : In this proviso, the expression ‘sect’ means a sect of religion and does not include any religious or political party regulated under the Political Parties Order, 2002.”
Sub-section (3) of Section 1 of the Constitution (Twenty-Third Amendment) Act, 2017 (XII of 2017), expressly provides that the provisions of the said Act shall remain in force for a period of two (2) years (w.e.f. January 7, 2017) and cease to form part of the Constitution and stand repealed on the expiration of the said period.
Comparative Table of Article 175 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
49
Constitution of Pakistan 1956 :
30,148,165
Constitution of India 1950:
124
Government of India Act 1935:
200
Leading & Latest Cases on Article 175 of the Constitution of Pakistan, 1973 :
P L D 1964 LAHORE 117
GHULAM MUHAMMAD
PAKISTAN AND OTHERS
P L D 1977 KARACHI 524
INAMUR REHMAN
FEDERATION OF PAKISTAN AND OTHERS
P L D 1981 SC 352
ABDUL HAFEEZ
THE STATE
P L D 1987 KARACHI 404
BANK OF OMAN LTD.
EAST TRADING CO. LTD. AND OTHERS
P L D 1993 SC 341 GOVERNMENT OF BALUCHISTAN AND OTHERS AZIZULLAH MEMON AND OTHERS
P L D 1998 SC 1445 MEHRAM ALI AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
2000 YLR 2724 PHILIPS ELECTRICAL INDUSTRIES OF PAKISTAN LTD. PAKISTAN AND OTHERS