Article 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 [in accordance with Article 175A].] [(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 [or a Judge of the Federal Shariat Court qualified to be a Judge of the Supreme 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 [having at least fifteen years experience in Islamic law, research or instruction].] (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] * * * 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 Chief Justice and a Judge shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.] * * * * * * * (6) The principal seat of the Court shall be at Islamabad, but the 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.]

Effective date: 1973-08-14

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