Constitution of 1956

Third Schedule

The Third Schedule described various provisions regarding the Supreme Court and High Courts.

Third Schedule

Articles 159 and 177

The Judiciary

PART I: The Supreme Court

1. Salary and allowance of Judges

(1) There shall be paid to the Chief Justice of Pakistan, a salary of Rs. 5,500 per mensem and to every other judge of the Supreme Court, a salary of Rs. 5,100 per mensem.

(2) Every Judge of the Supreme Court shall be entitled to such other privileges and allowances, including allowances for expenses in respect of equipment and travelling on first appointment, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined to the allowances, privileges and rights which immediately before the Constitution Day, were admissible to the Judges of the Federal Court, and for this purpose the provisions of the Government of Indian (Federal Court) Order, 1937, shall, subject to the provisions of the Constitution, apply.

2. Officers and servants of the Supreme Court

(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of Pakistan, or such other Judge or officer of that court as he may direct, and shall be in accordance with rules framed by the Supreme Court, with the previous approval of the President.

(2) The conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Supreme Court:

Provided that the rules, in so far as they relate to remuneration or leave, shall require the previous approval of the President.

3. Rule-making power of the Supreme Court

(1) The Supreme Court may, with the previous approval of the President, make rules for regulating the practice and procedure of the court, including rules as to-

(a) the persons practising before the court;

(b) the conditions subject to which any judgement pronounced, or order made, by the court may be reviewed, and the procedure for such review, including the time within which applications for such review are to be entered;

(c) the procedure for hearing appeals and applications to the court, including the time within which such appeals and applications are to be entered;

(d) the entertainment of appeals under paragraph (c) of Article 159;

(e) the costs of, and incidental to, any proceedings in the court;

(f) the fees to be charged in respect of the proceedings in the court;

(g) the procedure for summary determination of any appeal which appears to the court to be frivolous or vexatious, or brought for the purpose of causing delay;

(h) the number of Judges who are to sit for -any purpose, and the powers of Judges sitting alone and in any division of the court;

(i) the stay of proceedings, and the granting of bail;

(j) the procedure for enquiries and investigations referred to the court for opinion or report.

(2) No judgment shall be delivered and no report shall be made by the Supreme Court save in open court and with the concurrence of the majority of the Judges present at the hearing of the case, but nothing shall prevent a Judge who does not concur from delivering a dissenting judgment or opinion.

(3) Subject to the provisions of any rules made under this paragraph, the Chief Justice of Pakistan shall determine which Judges are to constitute any division of the court and which judges are to sit for any purpose.

Part II: The High Courts

4. Salaries of Judges

(1) There shall be paid to the Chief Justice of a High Court a salary of Rs. 5,000 per mensem, and to every other Judge of that Court a salary of Rs. 4,000 per mensem.

(2) Every Judge of a High Court shall be entitled to such other privileges and allowances, including allowances for expenses in respect of equipment and travelling upon first appointment, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined to the allowances, privileges and rights which immediately before the Constitution Day, were admissible to the Judges of the High Court, and the provisions of the Government of India (High Court Judges) Order, 1937, shall, subject to the provisions of the Constitution, apply.

5. Administrative function of High Courts

(1) Each High Court shall have superintendence and control over all courts subject to its appellate or revisional jurisdiction.

(2) Without prejudice to the generality of the foregoing provision, the High Court may-

(a) call for returns;

(b) make and issue general rules, and prescribe forms for regulating the practice and procedure of such courts;

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts; and

(d) settle tables of fees to be allowed to the sheriffs, attorneys, and all clerks and officers of such courts;

Provided that such rules, forms and tables shall not be inconsistent with the provisions of any law for the time being in force, and shall require the previous approval of the Governor.

6. Officers and servants and expenses of the High Courts

(1) Appointments of officers and servants of High Courts shall be made by the Chief Justice of the High Court or such other Judge of officer or the Court as he may direct, and shall be in accordance with the rules framed by the High Court with the previous approval of the Governor.

(2) Subject to the provisions of any Act of the Provincial Legislature, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the High Court:

Provided that rules in so far as they relate to remuneration or leave shall require the previous approval of the Governor.

7. Right to practise in High Court

An advocate on the rolls of a High Court shall be entitled to act and plead in both the High Court and in all other courts subordinate thereto:

Provided that an advocate who has been struck off the rolls of a High Court shall not be entitled to act or plead in that court or in any other court subordinate thereto.

Source: Documents and Speeches on the Constitution of Pakistan
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)

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