ASSIGNMENT

Topic:
Article 184
Submitted To:-
Sir Shahid Sultan

Submitted by: -
Sohail Asghar
Roll# 5018

LLB 4th Semester

Department of Law
GC University Faisalabad

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 ARTICLE: 184 ORIGINAL JURISDICTION OF
SUPREME COURT
184. Original jurisdiction of Supreme Court.-(1) The Supreme Court shall, to the exclusion of
every other Court, have original jurisdiction in any dispute between any two or more
Governments.
Explanation.-In this clause, “Governments” means the Federal Government and the Provincial
Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall
pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers
that a question of public importance with reference to the enforcement of any of the Fundamental
Rights conferred by Chapter I of Part II is involved, have the power to make an order of the
nature mentioned in the said Article.

Session details
We will start with a lecture by Justice(R) Dr. Ghous Mohammad on Article 184(3) of the
Constitution of Pakistan (Fundamental Rights) – Its jurisdiction and benefits for civil society.
This article is of utmost significance to all citizens of Pakistan, as it provides a clear pathway for
the Supreme Court to respond to petitions about Fsundamental citizenry rights. Dr. Ghous will
first talk about the different legal dimensions of Article 184(3). This will be followed by three
case studies to elucidate these concepts and give participants a chance to understand how legal
interpretations work. After breaking for tea, we will have a session for participants to prepare
and present applications based on Article 184(3) which will be followed by a discussion and Q/A
session.
Speaker Profile
Justice(R) Dr. Ghous Mohammad (BA, MA, LLB, LLM, PhD) is a leading intellectual with over
30 years’ worth of experience at various level of judiciary, most notably the Sind High Court
(95-00). His legal interests include Constitutional matters, Intellectual Property Rights &
Arbitration – the last of which has taken him to Paris to serve as an arbiter at the International
Court of Arbitration. He has co-edited legal publications and served in varying academic
capacities at a number of reputable universities, including University of London, SM Law

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College and SZABIST. A veteran of the legal landscape, Dr. Ghous also holds professional
memberships in the Supreme Court, Sindh High Court & American (Chicago) Bar Associations.
He has also received a National Human Rights Award on account of his pioneering work.

Part VII: The Judicature

Chapter 2: The Supreme Court of Pakistan.
176 Constitution of Supreme Court
.The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice
of Pakistan and so many other Judges as may be determined by Act of 398[Majlis-e-
Shoora (Parliament)] 398 or, until so determined, as may be fixed by the President.
Appointment of Supreme Court Judges.
(1)
The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a
citizen of Pakistan and-
(a) has for a period of, or for periods aggregating, not less than five years been a
judge of a High Court (including a High Court which existed in Pakistan at
any time before the commencing day); or
(b) has for a period of, or for periods aggregating not less than fifteen years been
an advocate of a High Court (including a High Court which existed in
Pakistan at any time before the commencing day).
be appointment by the President in accordance with Article 175A.

178 Oath of Office.

Before entering upon office, the Chief Justice of Pakistan shall make before the President,
and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the
form set out in the Third Schedule.
179 Retiring Age.
A judge of the Supreme Court shall hold office until he attains the age of sixty
five years, unless he sooner resigns or is removed from office in accordance

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 with the Constitution.
180 Acting Chief Justice.
At any time when-
(a) the office of Chief Justice of Pakistan is vacant; or
the Chief Justice of Pakistan is absent or is
(b) unable to perform the functions of his office
due to any other cause,
406
the President shall appoint [one of the judges of the Supreme Court who have not
previously held the office of Chief Justice of Pakistan otherwise than under this
Article.] 406 to act as Chief Justice of Pakistan.
181 Acting Judges.
(1) At any time when-
(a) the office of a Judge of the Supreme Court is vacant; or
(b) a Judge of the Supreme Court is absent or is unable to perform the functions of his
office due to any other cause,
the President may, in the manner provided in clause (1) of Article 177, appoint a Judge
of a High Court who is qualified for appointment as a Judge of the Supreme Court to
act temporarily as a Judge of the Supreme Court.
407
[Explanation.-In this clause, 'Judge of a High Court' includes a person who has
retired as a Judge of a High Court.] 407
(2) An appointment under this Article shall continue in force until it is revoked by the
President.
182 Appointment of ad-hoc Judges
If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold
or continue any sitting of the Court, or for any other reason it is necessary to increase
408
temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan [in
consultation with the Judicial Commission as provided in clause (2) of Article
175A,] 408may, in writing,-
(a) with the approval of the President, request any person who has held the office of a
Judge of that Court and since whose ceasing to hold that office three years have not

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 elapsed; or
(b) with the approval of the President and with the consent of the Chief justice of a High
Court, require a Judge of that Court qualified for appointment as a judge of the
Supreme Court,
to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be
necessary and while so attending an ad hoc Judge shall have the same power and
jurisdiction as a Judge of the Supreme Court.

Seat of the Supreme Court.

(1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.
(2) The Supreme Court may from time to time to time sit in such other places as the Chief
Justice of Pakistan, with the approval of the President, may appoint.
(3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the
409
Court shall be at such place as the President may appoint.
184 Original Jurisdiction of Supreme Court.
(1) The Supreme Court shall, to the exclusion of every other court, have original
jurisdiction in any dispute between any two or more Governments.
Explanation.- In this clause, "Governments" means the Federal Government and the
Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall
pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it
considers that a question of public importance with reference to the enforcement of any
of the Fundamental Rights conferred by Chapter I of Part II is involved have the power
to make an order of the nature mentioned in the said Article.
185 Appellate Jurisdiction of Supreme Court.
(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine
appeals from judgments, decrees, final orders or sentences.
(2) An appeal shall lie to the Supreme Court from any judgment, decree, final order or
sentence
(a) if the High Court has on appeal reversed an order of acquittal of an accused person

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 and sentenced him to death or to transportation for life or imprisonment for life; or,
on revision, has enhanced a sentence to a sentence as aforesaid; or
(b) if the High Court has withdrawn for trial before itself any case from any court
subordinate to it and has in such trial convicted the accused person and sentenced
him as aforesaid; or
(c) if the High Court has imposed any punishment on any person for contempt of the
High Court; or
(d) if the amount or value of the subject matter of the dispute in the court of first
instance was, and also in dispute in appeal is, not less than fifty thousand rupees or
such other sum as may be specified in that behalf by Act of 410[Majlis-e-Shoora
(Parliament)] 410 and the judgment, decree or final order appealed from has varied
or set aside the judgment, decree or final order of the court immediately below; or
(e) if the judgment, decree or final order involves directly or indirectly some claim or
question respecting property of the like amount or value and the judgment, decree
or final order appealed from has varied or set aside the judgment, decree or final
order of the court immediately below; or
(f) if the High Court certifies that the case involves a substantial question of law as to
the interpretation of the Constitution.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High
Court in a case to which clause (2) does not apply shall lie only if the Supreme Court
grants leave to appeal.
186 Advisory Jurisdiction.
(1) If, at any time, the President considers that it is desirable to obtain the opinion of the
Supreme Court on any question of law which he considers of public importance, he
may refer the question to the Supreme Court for consideration.
(2) The Supreme Court shall consider a question so referred and report its opinion on the
question to the President.
186A Power of Supreme Court to transfer cases
he Supreme Court may, if it considers it expedient to do so in the interest of justice,
transfer any case, appeal or other proceedings pending before any High Court to any other

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 High Court.
187 Issue and Execution of Processes of Supreme Court.
412
(1) [Subject to clause(2) of Article 175, the] 412 Supreme Court shall have power to issue
such directions, orders or decrees as may be necessary for doing complete justice in any
case or matter pending before it, including an order for the purpose of securing the
attendance of any person or the discovery or production of any document.
(2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall,
where it is to be executed in a Province, or a territory or an area not forming part of a
Province but within the jurisdiction of the High Court of the Province, be executed as if
it had been issued by the High Court of that Province.
(3) If a question arises as to which High Court shall give effect to a direction, order or
decree of the Supreme Court, the decision of the Supreme Court on the question shall
be final.
ISLAMABAD - The counsel of four Lahore High Court judges whose extension was rejected by
parliamentary committee on Tuesday argued that Article 184 (3) was a remedy for enforcement
of fundamental rights enunciated in Article 10-A The constitutional petitions were filed under
Article 184(3) of the 1973 Constitution challenging the decisions of Parliamentary committee,
constituted under Article [Link] federation has challenged the apex court for hearing cases
under 184 (3), saying it has denied the governments full right of appeal in breach of Article 10-A
of the Constitution and in violation of the injunction of Islam in respect of maintainability.
A four-member bench headed by Justice Mahmood Akhtar Shahid Siddiqui and comprising
Justice Jawwad S Khawja, Justice Khilji Arif Hussain and Justice Tariq Pervaiz was hearing the
constitutional petitions of Sindh High Court Bar Association (SHCBA) and Munir Hussain
Bhatti advocate and Kamran Murtaza for not confirming the nomination of two additional judges
of SHC and four additional judges of LHC respectively.
Makhdoom Ali Khan, counsel of four LHC judges, said Article 184(3) confers original
jurisdiction to the court, adding to challenge the constitutional provision is strange as in the
petitions the constitutional provision cant be struck down.
He rejected the issue of bias stated by the federation in review petition and said a four-member
bench before delivering judgment had heard the case at great length. Regarding composition of
bench, the learned counsel said the constitution of bench is the prerogative of the chief justice

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adding, if the 17-member bench had heard the case then federation might had objected to the five
judges as being the member of Judicial Commission. He said throughout the case proceedings
secretary Parliamentary committee remained present in the court.
Makhdoom said the constitution scheme was very clear as the parliament legislate laws and the
Supreme Court interpret them. He said the constitution should not be read as the last will or the
testimony as it is developed over the ages in view of the norms and ethics. He said there are
certain fundamental rights available to all the citizens and they could approach the court against
the government if their rights are violated. But in this case the government has come to the court.
Justice Jawwad stated whatever has been mentioned in the judgment pertained to this particular
case, and therefore, the federation has nothing to worry about.
Makhdoom said the reasons given in Lahore High Court judges case were justifiable, but it
should have been the objective reasons and the findings must be of Parliamentary committee
itself instead of based on one of the JC members observation. He said the Parliamentary
committee must have reasons that could pass the scrutiny test of the court.
The court on March 4 had declared the decisions of Parliamentary committee, which had rejected
one-year extension to service of six additional judges of the Lahore and Sindh High Courts
recommended by the Judicial Commission, without constitutional reason.
Parliamentary committee had denied extensions to four additional judges of the Lahore High
CourtJustice Muhammad Yawar Ali, Justice Syed Mazahir Ali Akbar Naqvi, Justice Mamoon
Rashid Sheikh and Justice Muhammad Farrakuh Irfan Khan on February 02, 2011 and two
additional judges of SHCJustice Mohammad Tasneem and Justice Salman Hamid, on February
22, 2011.
Paksistan -- Constitution of Pakistan (selected provisions)
 Constitutions
 Laws
PART II - FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY
Article 9.
No person shall be deprived of life or liberty save in accordance with law.
Article 184.
(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers
that a question of public importance with reference to the enforcement of any of the Fundamental

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Rights conferred by Chapter I of Part II is involved have the power to make an order of the
nature mentioned in the said Article.
Article 199.
(1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy
is provided by law,-
(c) on the application of any aggrieved person, make an order giving such directions to any
person or authority, including any Government exercising any power or performing any function
in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for
the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part 11.