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Overview of Article 194 of the Constitution of Pakistan
The Constitution of Pakistan, adopted in 1973, is a cornerstone document that delineates the structure and functions of the country’s government. Within its provisions lies Article 194, a significant aspect governing the oath of office for judges in High Courts. This blog post aims to unravel the intricacies of Article 194, shedding light on its key points and relevance in the constitutional framework of Pakistan.
Article 194 States
194. Oath of Office
- Before entering upon office, the Chief. Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule:
- Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court.
Key Points of Article 194 of the Constitution of Pakistan
- Oath Before Assuming Office: Judges in High Courts, including the Chief Justice, are mandated to take an oath before assuming their official responsibilities. This emphasizes the solemn commitment to upholding the principles enshrined in the constitution.
- Governor and Chief Justice: The Chief Justice of a High Court is required to take the oath before the Governor, reinforcing the principle of checks and balances within the constitutional framework. Other Judges, in turn, take their oath before the Chief Justice.
- Special Provision for Islamabad High Court: A distinctive feature of Article 194 is the provision for the Islamabad High Court. The Chief Justice of this court is required to take the oath before the President, and other Judges take their oath before the Chief Justice of the Islamabad High Court.
- The Form Prescribed in the Third Schedule: Article 194 explicitly mentions that the oath is to be taken in the form set out in the Third Schedule. This underlines the significance of a standardized commitment, ensuring uniformity in the oath-taking process.
Crux of Article 194 of the Constitution of Pakistan
Article 194’s focus lies on upholding the integrity and independence of Pakistan’s judiciary by creating an official oath-taking process, emphasizing judges’ commitment to uphold the constitution, dispensing justice impartially, and contributing to creating an equitable legal system in Pakistan.
The provision for an individual oath-taking process at Islamabad High Court underscores its unique status and reinforces the importance of aligning judiciary with larger constitutional frameworks.
Conclusion: Article 194 of the Constitution of Pakistan
In conclusion, Article 194 of the Constitution of Pakistan serves as a crucial element in fortifying the legal and judicial foundation of the country. By delineating the procedure for the oath of office for High Court judges, the article contributes to the maintenance of an independent and impartial judiciary, essential for the rule of law.
As the 1973 Constitution of Pakistan stands as the guiding force for the nation, its articles, including Article 194, underscore the commitment to democratic values and the principles of justice. This constitutional provision serves as a testament to the importance placed on the judiciary as a pillar of the democratic structure, ensuring that judges are bound by a solemn oath to uphold the constitution and serve justice.