Part VII · The Judicature · The High Courts

Constitutional Benches of High Courts

Article 202A

Amended by 26th Amendment (2024) · 27th Amendment (2025)

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English · authoritative

¹[(1)

There shall be Constitutional Benches of a High Court comprising such Judges of a High Court and for such term as may be nominated and determined by the Judicial Commission of Pakistan as constituted under clause (5) of Article 175A, from time to time.

(2)

The most senior Judge amongst Judges nominated under clause (1) shall be the Head of the Constitutional Benches.

²[(3)

No Bench of a High Court other than a Constitutional Bench shall exercise jurisdiction vested in the High Court under Article 199.]

(4)

For the purposes of clause (1), a Bench, to be nominated by a committee comprising the Head of the Constitutional Benches and next two most senior Judges from amongst the Judges nominated under clause (1), shall hear and dispose of such matters.

(5)

All petitions under sub-paragraph (i) of paragraph (a) and paragraph (c) of clause (1) of Article 199 or appeals therefrom, pending or filed in a High Court prior to commencement of the Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI of 2024), subject to clause (7), forthwith stand transferred to the Constitutional Benches and shall only be heard and decided by Benches constituted under clause (4).

(6)

Notwithstanding anything contained in the Constitution but subject to an Act of Majlis-e-Shoora (Parliament) in respect of the Islamabad High Court and an Act of Provincial Assembly in respect of other respective High Courts, a High Court may make rules regulating the practice and procedure of the Constitutional Benches.

(7)

This Article shall come into force, if in respect of–

(a)

the Islamabad High Court, both Houses of Majlis-e-Shoora (Parliament) in the joint sitting; and

(b)

a High Court, the respective Provincial Assembly, through a resolution passed by majority of the total membership of the joint sitting or the respective Provincial Assembly, as the case may be, give effect to the provisions of this Article.]

Urdu · official translation (2018)

This article was changed after 31 May 2018. The official Urdu translation below does not include that change, so rely on the English text.

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