h1

Article: 195 Retiring age

1[195.  Retiring age.—A Judge of a High Court shall hold office until he attains the age of sixty-two 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.


 

_________________________________________________________________________________

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 Section 2(b) of the Constitution (Eighteenth Amendment Act, 2010 (10 of 2010) repealed the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. April 19, 2010).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Art. 267B to the Constitution, in order to deem Art. 195 to have been retained, as substituted by section 7 of the said repealed Amendment Act, (w.e.f. December 31, 2003), notwithstanding its repeal. Art. 195 has now been restored to the form adopted in 1973.

Art. 195 as amended by the LFO (Amendment) Order 2002 (C.E.O. No. 29 of 2002), read

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

a. In spite of the fact that Item 37 of the schedule to RCO (P.O. No. 14 of 1985) deleted clauses 2 to 6 of Art. 195, (w.e.f. March 2, 1985), the draftsman neglected to deleted the numeral “1” and brackets from the said Art.  In Art. 195, 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-two years”, (w.e.f. October 9, 2002).

2.  Item 37 of the schedule to RCO (P.O. No. 14 of 1985) omitted the said clauses (w.e.f. March 2, 1985). Section 9 of the Constitution (Fifth Amendment) Act, 1976, (62 of 1976), renumbered Art. 195 as clause (1) and added new clauses (2) to (5) thereto (w.e.f. September 13, 1976).  And Section 3 of the Constitution (Sixth Amendment) Act, 1976 (84 of 1976) also added new clause (6) to Art. 195, (w.e.f December 31, 1976).    The deleted clauses 2 to 6 of Art. 195, read :

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

(a) to retire form 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-two years; or

(b) to assume the office of the most senior of the other Judges of the High 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 a High 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 a High Court, otherwise than under Article 196, shall not again be appointed to be the Chief Justice of that High Court.

(5) The provision 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), a Chief Justice of a High Court who attains the age of sixty-two years before he has held that office for a term of four years may continue to hold that office until he has completed that term.”


Comparative Table of Article 195 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
94
Constitution of Pakistan 1956 :
166(2)
Constitution of India 1950:
217
Government of India Act 1935:
220(2)

Leading & Latest Cases on Article 195 of the Constitution of Pakistan, 1973 :

ZULFIKAR ALI BHUTTO
STATE
SHAFIQUE AHMAD QAZI
GHOUS ALI SHAH

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: