h1

Article: 200 Transfer of High Court Judges

200.  Transfer of High Court Judges.—(1)  The President may transfer a Judge of a High Court from one High Court to another High Court, but no Judge shall be so transferred except with his consent  and after consultation by the President with the Chief Justice of  Pakistan and the Chief Justice of both High Courts 1[:]

2[Proviso] Omitted

1[Explanation.—In this Article, “Judge” does not include a Chief Justice 3[but includes a Judge for the time being acting as Chief Justice of a High Court other than a Judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196.]

4[(2)  Where a Judge is so transferred or is appointed to an office other than that of Judge at a place other than the principal seat of the High Court, he shall, during the period for which he serves as a Judge of the High Court to which he is transferred, or holds such other office, be entitled to such allowances and privileges, in addition to his salary, as the President may, by Order, determine.]

5[(3)  If at any time it is necessary for any person to increase temporarily the number of Judges of a High Court, the Chief Justice of that Court may require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and jurisdiction as a Judge of that High Court:

Provided that a Judge shall not be so required except with his consent and the approval of the President and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge.]

6[Explanation.—In this Article, “High Court” includes a Bench of a High Court.]

7[(4)] Omitted.

_________________________________________________________________________________

Footnotes:

1.  Section 12 of the Constitution  (Fifth Amendment) Act, 1976 (62 of 1976), substituted the “colon”, in place of the “full stop” at the end of Art. 200 and added the proviso and explanation thereto, (w.e.f. September 13, 1976).

2. Section 73(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the proviso to clause (1) of Art. 200, (w.e.f. April 19, 2010). Section 12 of the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), added the following proviso to clause (1) of Art. 200, (w.e.f. September 13, 1976), that read :

Provided that such consent, or consultation with the Chief Justices of the High Courts, shall not be necessary if such transfer is for a period not exceeding A[two years] at a time.

A. Item 41 of the schedule to P.O. No. 14 of 1985, substituted the said words in place of the words “one year”, in the proviso to Art. 200, (w.e.f. March 2, 1985).

3.  Section 3 of the Constitution (Third Amendment) Order P.O. No. 24 of 1985, added the said words brackets letters and figure, in the Explanation to Art. 200, (w.e.f. March 19, 1985).

4.  Item 41 of the schedule to P.O. No. 14 of 1985, also substituted clause (2) of Art. 200 in its present form, (w.e.f March 2, 1985), in place of the clause adopted in 1973, that read :

“(2)  When a judge is so transferred, he shall, during the period for which he serves as a Judge of the High Court to which he is transferred, be entitled to such compensatory allowance, in addition to his salary, as the President may, by order, determine.”

5.  Section 10 of the Constitution (First Amendment) Act, 1974 (33 of 1974) added clause (3) to Art. 200, (w.e.f.  May 4, 1974).

6.  Item 41 of the schedule to  P.O. No. 14 of 1985, added explanation to Art. 200 (w.e.f. March 2, 1985).

7. Section 73(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted Clause (4) of Art. 200, (w.e.f. April 19, 2010). Section 3 of the Constitution (Third Amendment) Order, 1985 P.O. No. 24 of 1985, added clause 4 to Art. 200, (w.e.f. March 19, 1985), that read :

(4) A Judge of a High Court who does not accept transfer to another High Court under clause (1) shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.


Comparative Table of Article 200 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
99
Constitution of Pakistan 1956 :
172
Constitution of India 1950:
222
Government of India Act 1935:

Leading & Latest Cases on Article 200 of the Constitution of Pakistan, 1973 :

AL-JEHAD TRUST
FEDERATION OF PAKISTAN
AL-JEHAD TRUST THROUGH REAEESUL MUJAHIDEEN HABIB-ULWAHAB-UL-KHAIRI
FEDERATION OF PAKISTAN AND 27 OTHERS

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: