Supreme Judicial Council and its Functions

Introduction

Supreme Judicial Council is a unique institution. Supreme Judicial Council has been established under constitution of Pakistan to investigate incapability of a judge of Supreme Court or High Court to perform duties of his office or his guilt of misconduct.

Relevant Provisions

Article 209 to 211 of 1973 Constitution of Pakistan are relating to supreme judicial council.

Organization of Supreme Judicial Council; Article 209 (2)

Supreme Judicial Council consists of;

• The Chief Justice of Pakistan
• The two next most senior Judges of Supreme Court and
• The two most senior Chief Justices of High court

Functions of Supreme Judicial Council

Following are the functions of supreme judicial council

1. Making Inquiry

Inquiry regarding incapability of judge of Supreme Court or High court due to physical or mental incapacity or inquiry regarding guilt misconduct of judge of Supreme Court or High Court.

2. Opinion

If there is a difference of opinion amongst members of Supreme Judicial Council, opinion of majority prevails, and the report of the Council to the President is expressed is terms of view of the majority.

3. Removal of Judge

If the Supreme Judicial Council reports to the President that it is of the opinion that judge of Supreme Court or High Court is incapable of performing the duties of his office or has been guilty of misconduct, and that he should be removed from office, the President can remove the Judge from office.

4. Code of Conduct; Article 209(8):

Supreme Judicial Council issue a code of conduct, which is to be observed by Judges of Supreme Court and High Courts.

5. Powers

It is also the function of the council and its power of issuing directions or orders for securing the attendance of any person or for discovery or production of documents. The orders issued by the council in this connection are enforceable as though, had been issued by the Supreme Court.

6. Bar of Jurisdiction; Article 211:

The actions taken or reports made by the council shall not be questioned in any court of law.

Conclusion

To conclude, it can be stated that Supreme Judicial Council cannot be completed without Chief Justice of Pakistan and its verdict is not valid without Chief Justice of Pakistan.

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