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Introduction
The Supreme Court of
Pakistan is the apex court in the judicial hierarchy of the
country. The Court is comprised of a Chief Justice and 16 Judges.
The Constitution contains elaborate provisions on' the
composition, jurisdiction, powers and functions of the Court. The
qualifications for, and mode of appointment of Judges, age of
their retirement, grounds and procedure for removal from office
and terms and conditions of service of judges are also specified
in the basic document. The Constitution also provides for the
,independence of judiciary, and, its 'separation from the
Executive' . Consequently, there prevails in the country, full
institutional and decisional judicial independence. The Supreme
Court and High Courts also possess a degree of financial autonomy
in as much as the concerned Chief justice is authorized, to
expropriate funds within the budgetary allocation. These superior
courts are also empowered to make their own rules of,
practice/procedure, hire/fire their staff and determine their
terms and conditions of service.
The Supreme Court is
the court of ultimate jurisdiction in the land. It is the final
arbiter of the law and the Constitution. Its orders/decisions are
binding on all other courts in the country. All executive and
judicial authorities are bound to act in aid of the Supreme
Court.
Establishing a
system of trichotomy of power, the Constitution assigns the
Supreme Court a unique responsibility of maintaining harmony and
balance between the three pillars of the State namely legislature,
executive and judiciary. The purpose is to ensure that the state
organs perform their respective functions under the stipulated
limits and constraints. As guardian of the Constitution, the Court
is required to "preserve, protect and defend' this document. its
multiple roles include resolving conflicts and disputes, be they
among governments (Federal/provincial) or between government and
individual or individuals inter se. The Court is also a custodian
and upholder of' citizens' rights, liberties and freedoms. Seen in
this context, the Court indeed occupies a pivotal status 'and
crucial position in the Constitutional dispensation, by playing
the role of unifying and integrating the nation, its regions,
institutions and communities.
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