Overview of Article 187 of the Constitution of Pakistan
The Constitution of Pakistan serves as its supreme law and comprises 280 articles divided into 15 parts. Article 187, commonly known as the “Interpretation” clause, belongs to Part XIII which deals with interpretation and general provisions of the Constitution. This article will provide an overview of this clause’s significance in the Pakistani legal system.
Article 187 of Pakistan’s Constitution states, unless there is anything offensive in either subject or context, “unless there is anything distasteful about any provision of this Act…” The purpose of Article 187 is to ensure clarity and consistency in interpreting Pakistani laws including the Constitution as well as ensure their fair application across society. As an important component of the Constitution, it plays an essential role within our legal system.
Article 187 States
187. Issue and Execution of Processes of Supreme Court
- Subject to clause(2) of Article 175, the 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.
- 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.
- 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.
Key Points of Article 187 of the Constitution of Pakistan
- Supreme Court Empowerment: Article 187 grants the Supreme Court the authority to issue directions, orders, or decrees deemed necessary for achieving complete justice in any case before it. This expansive power highlights the Court’s pivotal role in ensuring fairness and equity.
- Nationwide Applicability: The article ensures that any direction, order, or decree issued by the Supreme Court is enforceable throughout Pakistan. This uniform applicability underscores the Court’s jurisdiction and influence across the entire nation.
- Execution within Provinces: In cases where execution is required within a specific province or territory, the article specifies that the directive should be executed as if it were issued by the High Court of that province. This provision aims to streamline the implementation process and maintain consistency with local legal structures.
- Resolution of High Court Jurisdiction: Article 187 also addresses potential conflicts regarding which High Court should implement the Supreme Court’s directives. The finality of the Supreme Court’s decision in such matters emphasizes the apex court’s authority in settling jurisdictional disputes.
Download the Constitution of Pakistan in PDF
Crux of Article 187 of the Constitution of Pakistan
Article 187 defines judicial supremacy and highlights the crucial role played by the Supreme Court in dispensing justice across the country. By conferring broad powers upon it, Article 187 recognizes the necessity for an institution capable of upholding justice, fairness and uniformity in legal matters. Furthermore, its provision not only establishes its authority but also ensures streamlined implementation to reduce jurisdictional ambiguities that might hamper execution of directives from this apex court.
The nationwide enforceability of Supreme Court orders promotes legal consistency and prevents the fragmentation of legal decisions. It establishes a harmonized legal framework, where the decisions of the apex court carry weight across all provinces and territories.
Moreover, Article 187 serves as a tool for conflict resolution, providing a mechanism for determining which High Court should implement the Supreme Court’s directives in cases of uncertainty. This safeguard ensures a smooth and efficient legal process, mitigating potential delays and challenges in the execution of judicial decisions.
Conclusion: Article 187 of the Constitution of Pakistan
In conclusion, Article 187 of the Constitution of Pakistan is a cornerstone of the country’s legal framework. Its provisions empower the Supreme Court to act decisively in the pursuit of complete justice, ensuring that its directives resonate throughout the nation. This constitutional article not only defines the scope of the Supreme Court’s authority but also establishes a framework for the seamless execution of its decisions.
As we navigate Pakistan’s complex legal system, it is vital to recognize the role that Article 187 plays in upholding principles of justice, equality, and the rule of law. By doing so we recognize its constitutional foundation which provides support for Pakistan’s judiciary’s commitment to fair and equal legal processes.
