Constitution of the Islamic Republic of Pakistan, 1973 — Article 199

199. Jurisdiction of High Court..—(1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,

(a)on the application of any aggrieved party, make an order

(i)directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or

(ii)declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or

(b)on the application of any person, make an order

(i)directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or

(ii)requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or

(c)on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II. 1 [(1A) For removal of doubt, the High Court shall not make an order or give direction or make a declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application filed under clause (1).]

(2)Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged. 2 [(3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law.] 3 [(3A) * * * * * * *] 3 [(3B) * * * * * * *] 3 [(3C) * * * * * * *]

(4)Where

(a)an application is made to a High Court for an order under paragraph (a) or paragraph

(c)of clause (1), and 1 Ins. by the Constitution (Twenty-sixth Amendment) Act 2024 (Act No. XXVI of 2024), s. 16. 2 Subs. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 9, (w.e.f. the 4th May, 1974). 3 Omitted by the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.

(b)the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest 1[or State property] or of impeding the assessment or collection of public revenues, the Court shall not make an interim order unless the prescribed law officer has been given notice of the application and he or any person authorised by him in that behalf has had an opportunity of being heard and the Court, for reasons to be recorded in writing, is satisfied that the interim order

(i)would not have such affect as aforesaid; or

(ii)would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction. 2 [(4A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, State property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which it is made : 3 [Provided that, for reasons to be recorded, an interim order may be extended only for a period upto six months.]] 4 [(4B) Every case in which, on an application under clause (1), the High Court has made an interim order shall be disposed of by the High Court on merits within six months from the day on which it is made, unless the High Court is prevented from doing so for sufficient cause to be recorded.]

(5)In this Article, unless the context otherwise requires, “person” includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Government, and any Court or tribunal, other than the 3[Federal Constitutional Court or the] Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and “prescribed law officer” means

(a)in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney-General, and

(b)in any other case, the Advocate-General for the Province in which the application is made. 1 Ins. by the Revival of the Constitution of 1973 Order,1985 (P. O. No. 14 of 1985), Art. 2 and Sch. 2 Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 72. 3 Subs. and ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 40. 4 Clause (4B) restored by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 2. 1 [200. Transfer of High Court Judges.- (1) The President may transfer a Judge of a High Court from one High Court to another High Court on the recommendation of and on such terms and conditions as may be determined by the Judicial Commission of Pakistan as mentioned in clause (2) of Article 175A: Provided that the Chief Justices of both High Courts shall also be members of the Judicial Commission of Pakistan for the purposes of this clause: Provided further that the Judicial Commission of Pakistan before making recommendation under this clause may hear the Judge. Explanation. – In this Article, “Judge” does not include a Chief Justice but includes a Judge for the time being acting as Chief Justice of a High Court other than a Judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196.

(2)The seniority of a Judge of a High Court transferred under clause (1) shall be reckoned from the date of his initial appointment as a Judge of the High Court: Provided that no Judge shall be transferred to a High Court where on transfer he becomes senior to the Chief Justice of such High Court.

(3)Where a Judge is so transferred, he shall be entitled to such additional allowances and privileges, in addition to his salary and allowances, as the President may, by Order, determine.

(4)A Judge of a High Court who does not accept a transfer under this Article shall be proceeded against under Article 209 within a period of thirty days. Such Judge shall not perform his functions till such time the Council under Article 209 renders its decision.] 201. Decision of High Court binding on subordinate Courts. Subject to Article 189, any decision of a High 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 courts subordinate to it. 202. Rules of procedure. Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure of the Court or of any court subordinate to it. 2