Original Jurisdiction of the Supreme Court of Pakistan Article 184 (3) of the Constitution of Pakistan, 1973

Authors

  • Muhammad Nadeem Associate Professor, Law College, University of Peshawar, Peshawar, KP, Pakistan.
  • Maryam Qasim Assistant Professor, Department of Law, Shaheed Benazir Bhutto University, Dir Upper, KP, Pakistan.
  • Shazia Ibrahim Advocate, Peshawar High Court, Peshawar/Visiting Lecturer, Law College, University of Peshawar, Peshawar, KP, Pakistan.

DOI:

https://doi.org/10.54183/jssr.v3i2.339

Keywords:

Original jurisdiction, Enforcement of Fundamental Rights, Encroachment, Organ of the State, Separation of Powers, Right of Appeal, State, Access to Justice, Public Importance, Locus Standi, Violation

Abstract

The Supreme Court of Pakistan, under article 184 (3) of Pakistan, can act on its own or on the application of any person with the condition that if the SC considers that any of the rights mentioned in the Fundamental Rights Chapter, is violated and that rights involve the public importance. The invocation of the original jurisdiction of the Supreme Court, also known as Suo Motu under article 184 (3), is a buzzword known to all and sundry in the country. The excessive invocation of this article 184(3) generates a debate in the legal community about whether Apex Court is encroaching on the legislature and executive functions. The debate involves judicial activism and judicial restraint.  One common objective exists that by taking excessive Suo motu, there is no appeal against the order of SC; hence fundamental rights of access to justice are violated, and on the other hand, the doctrine of separation of power though not expressly embodied in our Constitution but exist; that every organ of the State should remain within its sphere and mutual respect be given to every other organ of the State. Another restriction in taking Suo motu is the express word of article 184 (3) says that without the prejudice of the provisions of article 199, the SC can act.

References

Asma Jilani v The State , PLD 1972 SC 139, (supreme court 1972).

Benazir Bhutto v President of Pakistan, PLD 1988 SC 416 ( Supreme Court. 1988).

Ch. Manzoor Elahi v State , PLD 1975 SC 66. (The supreme court 1975).

Cheema, M. (2022). Courting Constitutionalism: The Politics of Public Law and Judicial Review in Pakistan: Public Interest Litigation and a Dramatic Expansion in Judicial Review (1st ed.). Cambridge University Press.

Hussain, Z. (2023, March 29). 'A wake-up call'. DAWN. Retrieved from https://www.dawn.com/news/1744751/a-wake-up-call

Imran Ahmad Khan Niazi v Muhammad Nawaz Sharif, PLD 2017 SC 265 (supreme court 2017).

Imran, M. (2019, June 29). Article 184 (3) and its Impact. The Nation. https://nation.com.pk/E-Paper/karachi/2019-06-20/page-6

Justice Shah, S. M. A. (2023, March 27). Judgment by Mr. Justice Syed Mansoor Ali Shah.

Justice Mansoor Shah, Jamal Mandokhail of SC call for revisiting CJP’s ‘one-man show’ power. DAWN. https://www.dawn.com/news/1744500

Khawar, U. (2023, March 29). 'One Man Show: Is Parliament's move to curtail the CJP's power justified? DAWN. https://www.dawn.com/news/1745392

Khan, M. S. (2018). Genesis and evolution of public interest litigation in the supreme court of Pakistan: Toward a dynamic theory of judicialization. https://ideaspak.org/wp-content/files_mf/1536145568PublicInterestLitigationintheSupremeCourt.pdf

Karim, F. (Retd. Justice 2018). Judicial Review of Public Actions (2nd ed.). Karachi, Pakistan

Nawaz Sharif v Federation of Pakistan , PLD 1993 SC 473. (supreme court 1993): Pakistan Law House.

Mr. Justice Asif Saeed Khan Khosa. (2019, December 20). Farewell Speech. https://www.supremecourt.gov.pk/downloads_judgements/press_release/speech_of_mr.justice_asif_saeed_khan_khosa,_hcjp_dated_20.12.2019.pdf

Shehla Zia v WAPDA , PLD 1994 SC 693, para 12. (The supreme court 1994).

Shehla Zia v WAPDA -, PLD 1994 SC 693 (supreme court 1994).

Syed Yousaf Raza Gilani v Assistant Registrar , PLD 2012 SC 466 (the supreme court 2012).

Sukhera, J. (2023, March 30). What are the Judicial Reforms About? The News. https://www.thenews.com.pk/print/1055320-what-are-the-judicial-reforms-about

The News. (2018, February 24). Judicial Imperialism? The News. https://www.thenews.com.pk/print/284818-judicial-imperialism

Watan Party v Federation of Pakistan , PLD 2006 SC 697, (Supreme court 2006).

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Published

2023-06-30

How to Cite

Nadeem, M., Qasim, M., & Ibrahim, S. (2023). Original Jurisdiction of the Supreme Court of Pakistan Article 184 (3) of the Constitution of Pakistan, 1973. Journal of Social Sciences Review, 3(2), 1054–1064. https://doi.org/10.54183/jssr.v3i2.339