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Article: 203C The Federal Shariat Court

203C.  The Federal Shariat Court.—(1)  There shall be constituted  for the purposes of this Chapter a court to be called the Federal Shariat Court.

1[(2) The Court shall consist of not more than eight Muslim 2[Judges], including the 3[Chief Justice], to be appointed by the President 4[in accordance with Article 175A] . ]

5[(3)  The Chief Justice shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme Court or who is or has been a permanent Judge of  a High Court.]

6[(3A)  Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be Ulema 7[having at least fifteen years experience in Islamic law, research or instruction.]

(4)  The 3[Chief Justice]  and  a 2[Judge]  shall  hold  office  for  a  period  not exceeding  three years, but may be appointed for such further term or terms as the President may determine:

Provided that a Judge of a High Court shall not be appointed to be a 2[Judge] 8[****] except with his consent and 9[, except where the Judge is, himself the Chief Justice,] after consultation by the President with the Chief Justice of the High Court.

10[(4A) The 3[Chief Justice], if he is not a Judge of the Supreme Court, and a 2[Judge] who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.]

11[(4B) The Chief Justice and a Judge shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.]

12 [(4C)] Omitted.

12 [(5)] Omitted.

(6)  The Principal seat of the Court shall be at Islamabad,  but the Court may from time to time sit in such other places in Pakistan as the 3[Chief Justice] may, with the approval of the President, appoint.

(7)  Before entering upon office, the 3[Chief Justice] and a 2[Judge] shall make before the President or a person nominated by him oath in the form set out in the Third Schedule.

(8)  At any time when the 3[Chief Justice] or a 2[Judge] is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as 3[Chief Justice] or, as the case may be, 2[Judge].

13[(9) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of a High Court :

Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause.]

_________________________________________________________________________________

Footnotes:

1.  Section 2 of the Constitution (Second Amendment) Order, 1981 P.O. No. 7 of 1981, substituted clause (2) of Art. 203C, in its present form, (w.e.f. May 27, 1981) in place of the said clause as inserted by section 3 of the Constitution (Amendment) Order, 1980, P.O. No. 1 of 1980, (w.e.f. May 27, 1980), that read :

“(2) The Court shall consist of five members, including the Chairman, to be appointed by the President.”

2.  Section 3(a) of the Constitution (Second Amendment) Order 1982, P.O. No. 5 of 1982, substituted the said word in clause 2 of Art. 203C, (w.e.f. March 25, 1982), in place of the word “members”, that was inserted by section 3 of the Constitution (Amendment) Order, 1980, P.O. No. 1 of 1980, (w.e.f. May 27, 1980).

3.  Section 3(b) of the Constitution (Second Amendment) Order 1982, P.O. No. 5 of 1982, substituted the said words, in Art. 203C, (w.e.f. March 25, 1982), in place of the word “Chairman”, wherever occurring, in the Art.  Art. 203C contained the word “chairman” as inserted by section 3 of the Constitution (Amendment) Order, 1980, P.O. No. 1 of 1980, (w.e.f. May 27, 1980).

4. Section 74(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said words, figures and letters, after the word “President” occurring at the end of clause (2) of Art. 203C, (w.e.f. April 19, 2010).

5.  Section 4(a) of the Constitution (Third Amendment) Order 1985, P.O. No. 24 of 1985, substituted clause (3) of Art. 203C, in its present form (w.e.f. March 19, 1985) in place of the said clause as inserted by section 3 of the Constitution (Amendment) Order, 1980, P.O. No. 1 of 1980, (w.e.f. May 27, 1980), that read :

“(3) The Chairman shall be a person who is, or has been or is qualified to be a Judge of the Supreme Court and a member shall be a person who is, or has been or is qualified to be a Judge of a High Court.”

6.  Section 4(a) of the Constitution (Third Amendment) Order 1985, P.O. No. 24 of 1985, added clause (3A) to Art. 203C, (w.e.f. March 19, 1985).

7. Section 74(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words and comma, in place of the words “who are well-versed in Islamic law”, in clause (3A) of Art. 203C, (w.e.f. April 19, 2010).

8. Section 74(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the words “for a period exceeding A[two years]” from the proviso to clause (4) of Art. 203C, (w.e.f. April 19, 2010).

A. Section 4(b) of the Constitution (Third Amendment) Order 1985, substituted the said words, in the proviso to clause 4 of Art. 203C, (w.e.f. March 19, 1985), in place of the words “one year” that appeared in the said proviso, as inserted by section 3 of the Constitution (Amendment) Order, 1980, P.O. No. 1 of 1980, (w.e.f. May 27, 1980).

9.  Section 2(b) of the Constitution (Second Amendment) Order, 1980, P.O. No. 4 of 1980, inserted the said commas and words in the proviso to clause (4) of Art. 203C, (w.e.f. June 21, 1980).

10.  Section 2(c) of the Constitution (Second Amendment) Order, 1980, P.O. No. 4 of 1980, inserted clause (4A) to Art. 203C, (w.e.f June 21, 1980).

11. Section 74(iv) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (4B) of Art. 203C, in its present form (w.e.f. April 19, 2010).  Item 43 of the schedule to P.O. No. 14 of 1985, inserted clauses (4B) to Art. 203C, that read :

(4B) The President may, at any time, by order in writing,—

(a)  modify the term of appointment of a Judge;

(b)  assign to a Judge any other office; and

(c)  require a Judge to perform such other functions as the President may deem fit;

and pass such other order as he may consider appropriate.

Explanation.—In this clause and clause (4C), “Judge” includes Chief Justice.

12. Section 74(v) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted clauses (4C) and (5) of Art. 203C, (w.e.f. April 19, 2010).  Section (3) of the Constitution (Amendment) Order, 1980, P.O. No. 1 of 1980, inserted the said clauses (4C) and (5), by substitution, that read :

(4C)  While he is performing the functions which he is required under clause (4B) to perform, or holding any other office assigned to him under that clause, a Judge shall be entitled  to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the Court.]

(5)  A Judge of a High Court who does not accept appointment as a Judge 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.

13. Section 74(vi) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said clause (9) of Art. 203C, (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 3 of the Constitution (Amendment) Order, 1980, P.O. No. 1 of 1980, inserted clause (9) to Art. 203C by substitution, (w.e.f. June 5, 1980), that read :

(9)  A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same A[remuneration], allowances and privileges as are admissible to a Judge of the Supreme Court and a 2[Judge] who is not a Judge of a High Court shall be entitled to the same A[remuneration], allowances and privileges as are admissible to a Judge of a High Court B[:]

B[Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause.]

A-B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution in clause (9) of Art. 203C and addition of the proviso at the end thereto, (w.e.f. December 31, 2003).  Item 19 of the schedule to C.E.O. No. 24 of 2002, substituted the said word, in place of the word “salary”  in clause (9) of Art. 203C and the “colon”, for the “full stop”, at the end thereof and added the proviso thereto, (w.e.f. August 21, 2002).


Comparative Table of Article 203C of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :

Constitution of India 1950:
Government of India Act 1935:

Leading & Latest Cases on Article 203C of the Constitution of Pakistan, 1973 :


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