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Overview of Article 191 of the Constitution of Pakistan
In the labyrinth of the Constitution of Pakistan 1973, Article 191 stands as a beacon, conferring upon the Supreme Court the authority to shape its own procedural landscape. This constitutional provision empowers the apex legal institution to create rules that govern its practice and procedure, thereby wielding the tools to ensure justice is not only served but served efficiently and in adherence to constitutional principles. In this blog post, we embark on an exploration of this article , unraveling its essence and understanding its significance in the constitutional framework of Pakistan.
Article 191 States
191. Rules of Procedure
Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court.
Key Points of Article 191 of the Constitution of Pakistan
- Rule-Making Autonomy: At its core, Article 191 endows the Supreme Court with the autonomy to formulate rules governing its internal proceedings. This includes establishing procedures for filing documents, conducting hearings, presenting arguments, and other aspects that constitute the practice and procedure of the Court.
- Constitutional and Legal Constraints: The provision explicitly acknowledges that this rule-making authority is not without limits. The rules crafted by the Supreme Court must align with the broader constitutional framework and adhere to the provisions of other relevant laws. This ensures that the internal rules are consistent with the fundamental legal principles that govern the nation.
- Internal Governance: This article recognizes the importance of internal governance within the Supreme Court. By allowing the Court to establish its own rules, the provision enables the institution to tailor its procedures to its specific needs, fostering efficiency and adaptability in the administration of justice.
- Responsive Justice: The provision embodies a principle of responsive justice, recognizing that the legal landscape is dynamic and subject to change. By granting the Supreme Court the authority to regulate its own practice and procedure, Article 191 allows the Court to adapt to evolving legal complexities and procedural requirements.
Crux of Article 191 of the Constitution of Pakistan
The crux of Article 191 lies in the delicate balance it strikes between autonomy and accountability. It vests the Supreme Court with the power to govern its internal workings, acknowledging the Court’s unique position as the apex legal authority. Simultaneously, it imposes constraints, emphasizing that this autonomy is not absolute but is circumscribed by constitutional provisions and legal statutes.
This provision recognizes that the efficient and just functioning of the Supreme Court relies not only on external legal frameworks but also on its ability to internally structure and streamline its procedures. It is an acknowledgment that justice is not a static concept but one that requires a responsive and adaptable judicial system.
Conclusion: Article 191 of the Constitution of Pakistan
In conclusion, Article 191 emerges as a pillar in the constitutional architecture of Pakistan, symbolizing the trust reposed in the Supreme Court to govern its own procedural terrain. It is a provision that mirrors the dynamism of the legal system, recognizing that the highest court must have the flexibility to adapt its practices to the evolving needs of justice.
As we navigate the complex 1973 constitution of Pakistan, this article stands as a testimony to its creators’ foresight. This provision empowers the Supreme Court not only to interpret law but also shape how justice is delivered.