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Article: 193 Appointment of High Court Judges

193.  Appointment of High Court Judges.1[(1) The Chief Justice and each of other Judges of a High Court shall be appointed by the President in accordance with Article I75A.]

2**

(2)  A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than 3[forty-five] years of age, and —

(a)  he has for a period of, or for periods aggregating, not less than ten years been, an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or

 

 

(b) he is, and has for a period of not less than ten years been, a member of a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or

 

 

(c)  he has for a period of not less than ten years, held, a judicial office in Pakistan.

4[Explanation.—In computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office.]

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Footnotes:

1. Section 69(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (1) of Art. 193, in its present form (w.e.f. April 19, 2010).  Clause (1) of Art. 193, as adopted in 1973, that read :

(1) A Judge of a High Court shall be appointed by the President after consultation–

(a)  with the Chief Justice of Pakistan;

(b)  with the Governor concerned;  and

(c)  except where the appointment is that of Chief Justice, with the Chief Justice of the High Court

2. Article 3 of the schedule to the Constitution (Second Amendment) Order, 2007, President’s Order No. 6 of 2007 (P.O. No. 6 of 2007), promulgated by President Musharraf, in the period of Constitutional deviation (between November 3, 2007 and December 15, 2007), w.e.f. December 14, 2007, purported to  substitute the colon in place of the full stop at the end of clause (1) of Article 193 and thereafter the following new proviso shall be added :

“Provided that in case of appointment of a Judge of the High Court for Islamabad Capital Territory, consultation with the Governor shall not be required, and  substitute the words “forty years”, in place of the words “forty-five”, in clause (2) of Article 193 of the Constitution.

As P.O. No. 6 of 2007, including the said purported Amendment, was not validated by the Parliament, after the general elections of 18th of February, 2008, they were held to 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.

3. Section 69(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words, in place of the word “forty”, in clause (2) of Art. 193, (w.e.f. April 19, 2010).  The said substitution shall be deemed always to have been so substituted with effect from the 21st day of August, 2002. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the substitution of the words “forty-five years”, in clause (2) of Art. 193, (w.e.f. December 31, 2003).   Art. 2(4) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, had substituted the said words in clause (2) of Art. 193, in place of the words “forty years”, (w.e.f. October 9, 2002).

4.  Section 8 of the (First Amendment) Act, 1974, added the explanation to Art. 193, (w.e.f. May 4, 1974).


Comparative Table of Article 193 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
92
Constitution of Pakistan 1956 :
166
Constitution of India 1950:
217
Government of India Act 1935:
220(2)

Leading & Latest Cases on Article 193 of the Constitution of Pakistan, 1973 :

HASHIM ALI
THE STATE
P L D 1996 SC 324  AL-JEHAD TRUST  FEDERATION OF PAKISTAN
JUSTICE SAJJAD ALI SHAH
MALIK ASAD ALI AND 5 OTHERS
Mr. JUSTICEGHULAM HYDER LAKHO,HIGH COURT OF SINDH, KARACHI
FEDERATION OF PAKISTAN through Secretaty Law, justice parliamentary
M. SHAFI MUHAMMADI AND OTHERS
ISLAMIC REPUBLIC OF PAKISTAN AND ANOTHER
WATAN PARTY THROUGH ITS PRESIDENT
FEDERATION OF PAKISTAN THROUGH LAW SECRETARY

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