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Overview of Article 193 of the Constitution of Pakistan
Article 193 of the Constitution of Pakistan 1973 intricately lays out the process and qualifications for the appointment of Judges to High Courts in the country. This constitutional provision is a cornerstone, ensuring that those who ascend to the judiciary possess the necessary expertise and experience. In this blog post, we embark on a journey to unveil the nuances of Article 193, delving into its key points and understanding the foundational principles it establishes for the judiciary in Pakistan.
Article 193 States
193. Appointment of High Court Judges
- The Chief Justice and each of the other Judges of a High Court shall be appointed by the President in accordance with Article 175A.
- A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than forty-five years of age, and-
- he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
- he is, and has for a period of not less than ten years been, a member of a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or
- he has, for a period of not less than ten years, held a judicial office in Pakistan.
- Explanation.-In computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office.
- In this Article, “District Judge” means Judge of a principal civil court of original jurisdiction.
Key Points of Article 193 of the Constitution of Pakistan
- Presidential Role in Appointments: The President holds a significant role in the appointment process, aligning with the constitutional framework that entrusts executive authority with certain judicial appointments.
- Stringent Eligibility Criteria: The eligibility criteria set a high standard, requiring candidates to be citizens of Pakistan and possess a wealth of experience, ensuring that only those with substantial legal or judicial backgrounds are considered.
- Diverse Qualifications: The provision recognizes the diverse paths to judicial office. Whether through a robust legal practice, civil service, or direct judicial service, candidates are afforded different routes, promoting a judiciary with varied expertise.
- Balancing Experience and Age: The minimum age requirement of forty-five years aims to strike a balance between experience and vitality, ensuring that appointed Judges bring both seasoned wisdom and an active commitment to the judiciary.
- Comprehensive Definition: The definition of “District Judge” provides clarity on the specific role within the judiciary that contributes to the eligibility for appointment as a High Court Judge.
Crux of Article 193 of the Constitution of Pakistan
At its core, Article 193 reflects a commitment to fostering a judiciary composed of individuals with a rich legal background and a proven track record of service. The provision recognizes the multifaceted nature of judicial expertise, allowing for diverse entry points into the judiciary while maintaining stringent eligibility criteria.
The crux lies in the balance between the constitutional authority of the President in appointments and the necessity of appointing Judges with a deep understanding of the legal intricacies of the country. By delineating qualifications that span legal practice, civil service, and judicial office, Article 193 crafts a comprehensive framework that prioritizes merit and experience.
Conclusion: Article 193 of the Constitution of Pakistan
In conclusion, Article 193 emerges as a linchpin in the constitutional architecture of Pakistan. It encapsulates the meticulous approach taken by the framers to ensure that the judiciary is fortified with individuals possessing the requisite legal acumen and experience.
As we traverse the intricate contours of the 1973 constitution of Pakistan, Article 193 stands as a testament to the commitment to justice and the recognition that a robust judiciary is indispensable to the democratic fabric of the nation.