Discuss the constitution of the high court and also describe the qualification necessary for the appointment of the judges of High court
The judicial organization of a province is headed by a high court, which hears appeals from all the courts in the province. These courts are ordinarily divided into two types of the criminal courts for criminal cases, and civil courts for civil cases. Besides them, there are also revenue courts which deal with cases relating to land revenue and the like. We shall begin the high court and, then go down to the lowest court in the province, that is, in the district.
The high court shall consist of a chief justice as many other judges as may be fixed by law or, as long as no law is farmed in that regard, as may be fixed by the president.
Although every province must have a high court of its own yet if any two provinces and the president consist to the proposal, the province may have a common high court and such shall be established by the president. Thus the provinces of Sind and Baluchistan have a common high court which was established before the commencement of this constitution. The present constitution has recognized this arrangement.
The two provinces which agree to have a common high court shall incorporate in the agreement such incidental and consequential provisions and also as to sharing of expenditure as may be necessary to fully implement the agreement. The agreement shall also specify by which governor any function which is to be discharge by the governor of province under this chapter shall be discharged in respect of high court and the governor so specified shall have the power to discharge that function… The parliament may by act extend the jurisdiction of any court to any area in Pakistan which does not from part of a province, e.g. tribal Areas.
Qualification necessary for the appointment of the high court judge.
Judge of high courts shall be appointed by the president after the consultation with the chief justice of Pakistan governor of the province concerned, and the chief justice of the high court concerned when a chief justice of high court is to be appointed the president shall appoint him after consultation with the chief justice of Pakistan and the governor of the province concerned. The judge of a high court must have the following qualification…
(1). He must be a citizen of Pakistan…
(2). He should not be less than 45 year in age…
(3). He must for a period of, or, for period aggregating not less than 10 years, have been an advocate of a high court or is or has been a member of a civil service for a period of not less than 10 years and has exercised the functions of a district judge for a period not less than three years, or has for a period of not less than 10 years held a judicial office in Pakistan. The civil service referred to above should, however, be such which has been prescribed by law for this purpose. In other words member of any civil service such as a police service are not entitled to appointment as judges.