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Friday, December 14, 2007


President promulgates Constitution (Second Amendment) Order 2007



ISLAMABAD, Dec 14 (APP): President Pervez Musharraf, in exercise of his powers under the Provisional Constitution Order No. 1 of 2007, on Friday promulgated the Constitution (Second Amendment) Order 2007.Under the above mentioned Order, Articles 41, 44, 193, 194, 208 and 270C of the Constitution have been amended.
According to a press release issued by the Ministry of Law, Justice and Parliamentary Affairs, Clause (3) of Article 41 has been amended; the words, brackets and figure “to be elected after the expiration of the term specified in clause (7)” shall be omitted and shall be deemed to have been omitted with effect from the 17th day of August, 1988.
Clause (2) of Article 44 has been amended, for the words “Subject to the Constitution” the words “Notwithstanding anything contained in the Constitution” shall be substituted.
Article 175 of the Constitution was amended by Constitution (Amendment) Order, 2007 (P.O.No.5 of 2007) making a provision for establishment of High Court for Islamabad Capital Territory.
Under the Constitution (Second Amendment) Order 2007 Articles 193 and 194 have been amended to the effect that in case of appointment of Judges for Islamabad High Court consultation with the Governor will not be required being no Office of Governor in Islamabad, however, consultation with the Chief Justice of the Islamabad High Court and the Chief Justice of Pakistan shall be required under the Constitution would remain intact.
Chief Justice of Islamabad High Court shall take oath before the President in place of the Governor.
Article 193 has been amended wherein the age of High Court Judges has been reduced from 45 years to 40 years. This will facilitate entry at younger age and to remain in service for a longer period.
Article 270C of the Constitution has been amended to provide that the Judges who have not taken oath under the Oath of Office (Judges) Order, 2007 shall cease to hold office with effect from 3rd day of November, 2007 and the Judges who have taken oath under the said Order shall continue to hold office under the Constitution.
The amendment has been made to clear the doubts about the Judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices. While those who have taken oath under the Oath of Office (Judges) Order, 2007 will continue holding their offices.
The President of Pakistan has also promulgated the Islamabad High Court (Establishment) Order, 2007. This Order pertains to the establishment of Islamabad High Court. High Court will have its principal seat at Islamabad.
The Islamabad High Court shall start functioning with effect from the date to be appointed by the President. There shall be a Chief Justice for Islamabad High Court and as many other Judges as the President may determine.
The jurisdiction of Islamabad High Court shall extend to Islamabad Capital Territory which will have original and appellate jurisdiction as available to other High Courts. However, Islamabad High Court will have original jurisdiction in suits having value of Rs. 25 lac (Rs. 2.5 million) or more.
After the Islamabad High Court starts functioning all cases relating to Islamabad Capital Territory pending in the Rawalpindi Bench of Lahore High Court shall stand transferred to Islamabad High Court for disposal.
The President has also been pleased to promulgate the Supreme Court Judges (Pensionary Benefits) Order, 2007.
This Order has been issued to extend pensionary benefits to the Judges of the Supreme Court who have ceased to hold office having not taken oath under the Oath of Office (Judges) Order, 2007 are being given pensionary and other retirement benefits as are available to other Judges on retirement.
The President has also been pleased to promulgate High Court Judges (Pensionary Benefits) Order, 2007.
This Order has been issued to extend pensionary benefits to the Judges of the High Courts who have ceased to hold office having not taken oath under the Oath of Office (Judges) Order, 2007 are being extended pensionary and other retirement benefits under this Order.
These benefits will be available to permanent Judges of High Court including the Judges who had retired under the High Court Judges (Service Benefits) Order, 2000.
The District and Sessions Judges appointed as Judges of the High Court who have ceased to hold Office by virtue of Oath of Office (Judges) Order, 2007 and are not entitled to pensionary benefits under this Order, shall be entitled to such pension as would have been admissible to them on superannuation as District and Sessions Judge.
http://www.app.com.pk/en/index.php?option=com_content&task=view&id=23539&Itemid=1

2 comments:

Muhammad Khurram said...

I think that the opportunities for District and Sessions Judges for appointment in High Courts are necessary. The reduction of age limit from 45 to 40 is not appreciated as it is very dangerous to legal environment.

The benefit of pension should be granted to all the retired judges including that judges who are retired from decades. Principle of Equality must be follow.

The contineous ignorance of District and Sessions judges to appoint in High Court is not good. Those who have experience as Judge have the right to appoint as the judges of the High Courts.

The amendments must be present in the elected assembly and if elected assembly grant the permission, then it would become the Act otherwise not.

Muhammad Khurram

Mohammed Yousuf, (Advocate) said...

traditionally the induction or elevation to the High Courts is carried out on the basis of a formula for elevation from Lower Judiciary, from Bar and from Prosecution/Advocate generals/Additional Advocate General.

May be this time around it has been adhered to.

Quite right the District an Sessions Judges bring rich experience from their carrier.

It is imperative that these amendments to the Constitution are to be validated by the Lagislature by 2/3rd Majority.