Overview of Article 195 of the Constitution of Pakistan
Article 195 is a crucial provision within the constitutional fabric of Pakistan, addressing the tenure of judges in High Courts. It delineates the age at which a judge shall retire, unless certain conditions, such as resignation or removal in accordance with the Constitution, lead to an earlier departure from office.
Article 195 States
195. Retiring Age
A judge of the High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution.
Key Points of Article 195 of the Constitution of Pakistan
- Retirement Age: The primary directive of Article 195 is the specification of the retirement age for judges of the High Court at sixty-two years. This age limit is designed to maintain a dynamic judiciary while benefiting from the seasoned experience of judges during their tenure.
- Voluntary Resignation: Article 195 allows judges to resign from their position before reaching the age of sixty-two. This provision recognizes the personal choices of judges, providing them with the autonomy to conclude their service voluntarily.
- Constitutional Grounds for Removal: While judges are expected to serve until the stipulated retirement age, Article 195 acknowledges the possibility of removal in accordance with the Constitution. This underscores the importance of adhering to due process and constitutional principles when contemplating the removal of a judge.
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Crux of Article 195 of the Constitution of Pakistan
At the heart of Article 195 lies the intent to establish a structured and regulated framework for the tenure of High Court judges. The retiring age of sixty-two serves as a milestone, allowing for a consistent influx of new talent into the judiciary while benefiting from the wealth of experience contributed by judges during their service.
This provision not only safeguards the independence of the judiciary by setting a retirement age but also recognizes the individual agency of judges through the option of voluntary resignation. The balance between a standard retirement age and the flexibility of resignation aligns with the broader principles of justice, fairness, and the efficient functioning of the judicial system.
Conclusion: Article 195 of the Constitution of Pakistan
In conclusion, Article 195 stands as a cornerstone in shaping the judiciary of Pakistan. By prescribing a retiring age for High Court judges, the provision creates a structured and balanced approach to judicial service. The interplay of retirement age, voluntary resignation, and constitutional grounds for removal fosters a judiciary that evolves with the times while upholding the core principles of justice and constitutional governance.
As we navigate the intricate details of the Constitution of Pakistan 1973, Article 195 emerges as a testament to the thoughtful construction of the legal framework. It reflects the commitment to a judiciary that is both dynamic and stable, ensuring that the wheels of justice turn with the wisdom of experience and the vigor of fresh perspectives.
