Table of Contents
Overview of Article 182 of the Constitution of Pakistan
The Constitution of Pakistan, enacted in 1973, serves as the foundational legal document for the country, delineating the powers, structure, and functions of its various institutions. Among its myriad provisions, Article 182 stands out as a critical mechanism for addressing situations where the Supreme Court faces challenges in holding or continuing its proceedings.
Article 182 States
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 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, may, in writing,-
- 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 elapsed; or
- 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.
Key Points of Article 182 of the Constitution of Pakistan
- Triggering Circumstances: Article 182 is invoked when a quorum of Judges in the Supreme Court is not attainable or when other reasons necessitate a temporary increase in the number of Judges.
- Authority for Appointment: The Chief Justice of Pakistan, in consultation with the Judicial Commission, holds the authority to make ad-hoc appointments.
- Approval Process: The Chief Justice, with the President’s approval, can request individuals who meet specific criteria, including former Judges of the Supreme Court and qualified Judges from High Courts.
- Powers and Jurisdiction: Ad-hoc Judges appointed under this article are bestowed with the same powers and jurisdiction as regular Supreme Court Judges during their temporary tenure.
Crux of Article 182 of the Constitution of Pakistan
At its core, Article 182 serves as a legal remedy to address the exigencies that may disrupt the normal functioning of the Supreme Court. By allowing the appointment of ad-hoc Judges, the provision ensures that justice is not hindered even in challenging circumstances. The careful balance of powers, involving the Chief Justice, the Judicial Commission, and the President, reflects the constitutional commitment to uphold the integrity of the judiciary.
In times of crisis or logistical constraints, the provision becomes a linchpin, reinforcing the resilience of the judicial system. The inclusion of former Judges and the collaboration with High Courts further enrich the pool of talent available to tackle complex legal issues that may arise.
Conclusion: Article 182 of the Constitution of Pakistan
Article 182 of the Constitution of Pakistan emerges as a crucial element in the legal arsenal of the nation. Its nuanced provisions allow for the swift and temporary augmentation of the Supreme Court’s capacity, ensuring that justice remains unwavering even in challenging times. The collaborative process involving the Chief Justice, the Judicial Commission, and the President highlights the constitutional commitment to preserving the sanctity and functionality of the judiciary.
Article 182 is an integral component of Pakistan’s 1973 Constitution and stands as evidence of its drafters’ foresight. As legal environments continue to shift, Article 182 plays an instrumental role in upholding justice principles while giving the Supreme Court room for maneuver in any challenging situations that arise.