Overview of Article 192 of the Constitution of Pakistan
Article 192 of the Constitution of Pakistan 1973 is a pivotal provision that delineates the establishment and composition of High Courts within the country. It lays the foundation for the judiciary’s organizational structure, outlining the separation of the Sind and Balochistan High Court and empowering the President to establish distinct High Courts for the Provinces of Balochistan and Sindh. In this blog post, we embark on an enlightening journey to explore Article 192, unraveling its intricacies and understanding its far-reaching implications for the legal landscape of Pakistan.
Article 192 States
192. Constitution of High Court
- A High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President.
- The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind.
- The President shall, by Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the Order for the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit.
- The jurisdiction of a High Court may, by Act of Majlis-e-Shoora (Parliament), be extended to any area in Pakistan not forming part of a Province.
Key Points of Article 192 of the Constitution of Pakistan
- Flexibility in Judicial Composition: The provision offers flexibility in determining the number of Judges, providing for a legal determination or temporary fixation by the President. This accommodates variations in caseload and judicial needs.
- Special Focus on Sind and Baluchistan: Article 192 addresses the unique legal landscape of Sind and Baluchistan by expressly discontinuing the common High Court for these provinces. This underscores the importance of tailored judicial structures that align with regional complexities.
- Presidential Authority in Establishing High Courts: The President is entrusted with the responsibility of establishing separate High Courts. This executive role ensures a dynamic response to the evolving needs of the judiciary, facilitating a more nuanced and adaptable legal system.
- Comprehensive Power of Presidential Order: The Order issued by the President is a comprehensive instrument. It addresses crucial aspects such as the principal seats of the High Courts, the transfer of Judges, and the seamless transition of pending cases. This ensures a smooth and effective establishment of the two High Courts.
- Parliamentary Role in Jurisdiction Extension: The provision acknowledges the significance of parliamentary authority in extending the jurisdiction of a High Court beyond provincial boundaries. This highlights the cooperative relationship between the executive and legislative branches in shaping the legal landscape.
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Crux of Article 192 of the Constitution of Pakistan
At its core, Article 192 is a testament to the adaptability and responsiveness embedded in the constitutional framework of Pakistan. It recognizes the need for a judiciary that can evolve and cater to the diverse legal landscapes of different provinces. The provision strikes a delicate balance between a centralized approach, as seen in the authority of the President, and parliamentary oversight, reflecting the constitutional principle of checks and balances.
The crux lies in the acknowledgment that justice is not a one-size-fits-all concept. By allowing for the establishment of distinct High Courts and extending jurisdiction beyond provincial boundaries, Article 192 facilitates a legal system that is attuned to regional nuances while upholding the overarching principles of justice and fairness.
Conclusion: Article 192 of the Constitution of Pakistan
In conclusion, Article 192 emerges as a linchpin in the constitutional architecture of Pakistan. It shapes the judicial landscape, reflecting a nuanced understanding of the diverse legal needs across provinces. The provision encapsulates the spirit of legal adaptability and responsiveness, ensuring that the judiciary remains a dynamic and effective pillar of the constitutional framework.
As we navigate the intricate contours of the 1973 constitution of Pakistan, Article 192 stands as a testament to the foresight of the constitutional framers. It is an instrument that not only establishes the structural foundations of High Courts but also envisions a judiciary capable of evolving with the ever-changing legal landscape.
