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 THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973


Chapter 3A-Federal Shariat Court



203A Provisions of Chapter to override other Provisions of Constitutio
n


The provisions or this Chapter shall have effect notwithstanding anything contained in the Constitution.

203B Definitions.

In this Chapter, unless there is anything repugnant in the subject or context,-
    
    (a) "Chief Justice" means, Chief Justice of the Court;
    
    (b) "Court" means the Federal Shariat Court constituted in pursuance of Article 203C;
          (bb) "Judge" means Judge of the Court;
    
    (c) "law" includes any custom or usage having the force of law but does not include the  Constitution, Muslim Personal Law, any law relating to the procedure of any court or tribunal or, until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and

                                                                             
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203C The Federal Shariat Court.

(1) There shall be constituted for the purposes of this Chapter a court to be called the Federal Shariat Court.       

(2)The Court shall consist of not more than eight Muslim Judges, including the Chief Justice, to be appointed by the President.

(3)The Chief Justice shall be a person who is, or has been, or is qualified, to be, a Judge of the Supreme Court or who is or has been a permanent  Judge of a High Court.

   (3A) Of the Judges not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more  than three shall be Ulema who are  well- versed in Islamic law.

(4) The Chief Justice and a Judge shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine:
       Provided that a Judge of a High Court shall not be appointed to be a Judge for a period exceeding two years except with his consent and, except where the Judge is, himself the Chief Justice, after consultation by the President with the Chief Justice of the High Court.
    
     (4A) The Chief Justice, if he is not a Judge of the Supreme Court, and a Judge who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.
      
      (4B) The President may, at any time, by order in writing,
                (a) modify the term of appointment of a Judge;
                (b) assign to a Judge any other office; and  
                (c) require a Judge to perform such other functions as the President may deem fit;
                     and pass such other order as he may consider appropriate.
      
           Explanation: In this clause and clause (4C), "Judge" includes Chief Justice.
  
       (4C) While he is performing the functions which he is required under clause (4B) to perform or holding any other office assigned to him under that clause, a Judge shall be entitled to the same salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be, Judge of the Court. 

(5) A Judge of a High Court who does not accept appointment as a Judge shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.

(6) The Principal seat of the Court shall be at Islamabad, but Court may from time to time sit in such other places in Pakistan as the Chief Justice may, with the approval of the President, appoint.

(7) Before entering upon office, the Chief Justice and a Judge shall make before the President or a person nominated by him oath in the form set out in the Third Schedule.

(8) At any time when the Chief Justice or a Judge is absent or is unable to perform the functions of his office the President shall appoint another person qualified for the purpose to act as Chief Justice or, as the case may be Judge.

(9) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of a High Court:

     Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause.

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