Table of Contents
Overview of Article 203J of the Constitution of Pakistan
The Constitution of Pakistan, adopted in 1973, stands as a cornerstone of the nation’s legal framework, meticulously detailing its governance structures and judicial processes. Among its myriad articles, Article 203J assumes particular significance, empowering the court to establish rules for the effective execution of its objectives within a designated chapter.
Article 203J States
203J. Power to make Rules
- The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
- In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, namely: –
- the scale of payment of honorarium to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in attending for the purposes of the proceedings before the Court;
- the form of oath to be made by a jurisconsult, expert or witness appearing before the Court;
- the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chief Justices;
- the decision of the Court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and
- the decision of cases in which the members constituting a Bench are equally divided in their opinion.
- Until rules are made under clause (1), the Shariat Benches of Superior Courts Rules, 1979, shall, with the necessary modifications and so far as they are not inconsistent with the provisions of this Chapter, continue in force.
Key Points of Article 203J of the Constitution of Pakistan
- Payment Scale for Honorarium: One of the pivotal aspects governed by Article 203J is the scale of payment of honorarium. The court is granted the authority to determine payments to jurisconsults, experts, and witnesses summoned for court proceedings. These payments aim to defray any expenses incurred by these individuals while attending to the court’s requirements.
- Oath Formulation: The article also delves into the form of oath to be administered to jurisconsults, experts, or witnesses appearing before the court. This provision ensures a standardized and solemn commitment from individuals involved in court proceedings.
- Powers and Functions of Court Benches: Article 203J outlines the powers and functions of the court, allowing for their exercise by Benches constituted by the Chief Justices. This provision ensures a structured and organized approach to the functioning of the court, with Benches efficiently managing their responsibilities.
- Decision Expression: The article addresses the manner in which the court’s decisions are to be expressed. It provides for decisions to be articulated in terms of the majority opinion of its members or, in the case of Benches, the members constituting the Bench. This promotes clarity and transparency in the communication of the court’s decisions.
- Resolution of Divided Opinions: In scenarios where the members constituting a Bench are equally divided in their opinion, Article 203J sets forth a mechanism for the decision of such cases. This provision ensures a systematic approach to resolving impasses within the court, maintaining the integrity of the decision-making process.
Crux of Article 203J of the Constitution of Pakistan
At its core, Article 203J empowers the court to create rules that facilitate the effective implementation of the designated chapter’s objectives. These rules touch upon various critical aspects, including financial compensation, procedural commitments, and decision-making structures. The provision serves as a dynamic tool, allowing the court to adapt its rules to the evolving needs of the legal landscape.
Conclusion: Article 203J of the Constitution of Pakistan
In conclusion, Article 203J emerges as a pivotal element within the Constitution of Pakistan, bestowing the court with the authority to craft rules essential for the seamless execution of its objectives. From determining honorarium payments to defining the form of oaths and structuring the powers and functions of court Benches, this article is a linchpin in ensuring the efficacy and fairness of the judicial process.
As we navigate the intricacies of the Constitution of Pakistan 1973, Article 203J stands tall as a testament to the nation’s commitment to a robust and adaptable legal framework, poised to meet the challenges of the present and future.