The judiciary, executive, and legislative branches of government are all separated in the 1973 Constitution. Each branch of the state or government is meant to act independently, with its own set of constitutional duties and responsibilities. However, Articles 187, 188, 189, and 190 of the Constitution independently define the Supreme Court’s constitutional jurisdiction to issue, enforce, and review its decisions. The pertinent Constitutional Articles are as follows: Article 187: Issue and Execution of Processes of Supreme Court Subject to clause (2) of Article 175, the Supreme Court shall have the power to issue such directions, orders, or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order to secure the attendance of any person or the discovery or production of any document.
Any such direction, order, or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province. If a question arises as to which High Court shall give effect to a direction, order, or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final. Article 188 0f the Constitution for Review of Judgments and Orders by Supreme Court Article 188 of the Constitution of the Islamic Republic of Pakistan, 1973 (“Constitution”) states that the Supreme Court shall have power, subject to the provisions of any Act of Majlis-e- Shoora (Parliament) and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.
Article 189: Decisions of Supreme Court binding on other Courts Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan. Article 190: Action in Aid of Supreme Court All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
Under Articles 187, 188, 189, and 190 of the Constitution, the judiciary is the final interpreter of the law, and its decisions are binding on all other branches of government, including all categories and branches of federal, provincial, regulatory bodies, and local government employees/servants. As a result, the executive or legislative branches cannot use executive action or legislative devices to reverse a Supreme Court judgement. There is, however, a legal mechanism for reviewing and potentially reversing a Supreme Court judgement. This method frequently includes submitting a review application and asking the Supreme Court to reconsider the judgement; in many occasions, the Supreme Court has done so on acceptable legal reasons. As a result, the executive and legislative branches cannot nullify a Supreme Court judgment through their actions or any legal instrument, because this can only be done through a process available under Article 188 of the Constitution, which is only a mechanism available within the judicial and constitutional framework for reviewing and potentially overturning such judgments’. The Supreme Court is the highest legal authority in the country, and its rulings bind all persons and all kinds of government officials, regardless of where they serve. The penalties for contempt of court are outlined in the Contempt of Court Ordinance, 2003. Contempt of court is a felony punishable by fines, prison time, or both. If someone resists or obstructs the ruling of the Supreme Court, he may be held in contempt of court. Furthermore, if a government employee defies or obstructs the judgment of the Supreme Court, he may face disciplinary action, including dismissal.
It is also clear from the language of Article 245 of the Constitution that the Federal government is the sole authority to call the Armed Forces to act in aid of civil power, and this provision is not available to any institution, including the judiciary, but only to the federal government when he deems it necessary. However, according to Articles 187 and 190 of the Constitution, the Supreme Court shall have the power to issue directions and orders as may be necessary to do complete justice, and any such direction passed under these articles shall be enforceable throughout Pakistan, and all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
The writer is a practicing lawyer at Supreme Court and has served as Chairman, Federal Excise & Sales Tax Appellate Tribunal and Senior Advisor Federal Ombudsman. He can be reached at: hafizahsaan47@gmail.com.
