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Article: 179 Retiring age

1[179.  Retiring age.— A Judge of the Supreme Court shall hold office until he attains the age of sixty five years, unless he sooner resigns or is removed from office in accordance with the Constitution.] 

2[(2)] Omitted.

2[(3)] Omitted.

2[(4)] Omitted.

2[(5)] Omitted.

2[(6)] Omitted.


 

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Footnotes:

1. Section 2(b) of the Constitution (Eighteenth Amendment Act, 2010 (10 of 2010) repealed the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. April 19, 2010). As the said repeal was subject to Art. 264 of the Constitution, section 93 of the Constitution (Eighteenth Amendment) Act, 2010, inserted Art. 267B to the Constitution, in order to deem Art. 179 to have been retained, as substituted by section 6 of the said repealed Amendment Act, (w.e.f. December 31, 2003), notwithstanding its repeal.  Art. 179 has now been restored to the form adopted in 1973. 

Art. 179 as amended by the LFO (Amendment) Order 2002 (C.E.O. No. 29 of 2002), read :

179.  Retiring age.— a[(1)] A Judge of the Supreme Court shall hold office until he attains the age of b[sixty eight years,] unless he sooner resigns or is removed from office in accordance with the Constitution.

a. In spite of the fact that Item 34 of the schedule to RCO (P.O. No. 14 of 1985) deleted clauses 2 to 6 of Art. 179, (w.e.f. March 2, 1985), the draftsman neglected to delete the numeral “1” and brackets from the said Art.   In Art. 179, as substituted by the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), the mistake was rectified, (w.e.f. December 31, 2003).

b. Art. 2(4) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, substituted the said words, in clause (1) of Art. 179, in place of the words “sixty five years”, (w.e.f. October 9, 2002).

2.  Item 34 of the schedule to RCO (P.O. No. 14 of 1985) omitted clauses (2) to (6) of Art. 179 of the Constitution (w.e.f. March 2, 1985). Section 5 of the Constitution (Fifth Amendment) Act, 1976, (62 of 1976), renumbered Art. 179 as clause (1) and added new clauses (2) to (5) thereto (w.e.f. September 13, 1976).  And Section 2 of the Constitution (Sixth Amendment) Act, 1976 (84 of 1976) also added new clause (6) to Art. 179, (w.e.f December 31, 1976).    The deleted clauses 2 to 6 of Art. 179, read :

“(2)  The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either:-

(a)  to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(b)  to assume the office of the most senior of the other judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3)  When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.

(4)  A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.

(5)  The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.

(6)  Notwithstanding anything contained in clause (1) or clause (2), Chief Justice of the Supreme Court who attains the age of sixty-five years before he has held that office for a term of five years may continue to hold that office until he has completed that term.”

 

 

 

 


Comparative Table of Article 179 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
52
Constitution of Pakistan 1956 :
150
Constitution of India 1950:
124(2)(a)(b)
Government of India Act 1935:

 

 

 

 

 

 

 

 

Leading & Latest Cases on Article 179 of the Constitution of Pakistan, 1973 :

 

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