Constitution of the Islamic Republic of Pakistan, 1973 — Article 203C

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. 6 [(2) The Court shall consist of not more than eight Muslim 7[Judges], including the 7[Chief Justice], to be appointed by the President 8[in accordance with Article 175A]. 1 Subs. by the Constitution (Amendment) Order, 1980 (P.O. No. 1 of 1980). Art. 3, (w.e.f. 26th May, 1980). 2 Subs. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 2. 3 Ins. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 2. 4 Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch. 5 Omitted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 2. 6 Subs. by the Constitution (Second Amendment) Order, 1981 (P. O. No. 7 of 1981), Art. 2. 7 Subs. by the Constitution (Second Amendment) Order, 1982, (P. O. No. 5 of 1982), Art. 3. 8 Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74. * Corrected through corrigendum by the Legal Aid and Justice Authority (Amendment) Act, 2024 (Act No. XXIX of 2024). 1 [(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 2[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 3[having at least fifteen years experience in Islamic law, research or instruction].]

(4)The 4[Chief Justice] and a 5[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 5[Judge] 6[* * * * * *] except with his consent and 7[, except where the Judge is himself the Chief Justice,] after consultation by the President with the Chief Justice of the High Court. 8 [(4A) The 4[Chief Justice], if he is not a Judge of the Supreme Court, and a 5[Judge] who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.] 9 [(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.] (4C) 10[* * * * * * *]

(5)10[* * * * * * *]

(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 4[Chief Justice] may, with the approval of the President, appoint.

(7)Before entering upon office, the 4[Chief Justice] and a 5[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 4[Chief Justice] or a 5[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 4[Chief Justice] or, as the case may be, 5[Judge]. 11 [(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.] 203CC. [Penal of Ulema and Ulema members.] Omitted by the Constitution (Second Amendment) Order, 1981 (P.O. No. 7 of 1981), Art. 3, which was previously ins. by P.O. No. 5 of 1981, Art. 2. 1 Subs. by the Constitution (Third Amendment) Order 1985 (P. O. No. 24 of 1985), Art. 4. 2 Ins. by the Constitution (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 18. 3 Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74. 4 Subs. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 3. 5 Subs. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 3. 6 Omitted by the Constitution (Eighteenth Amendment) Act 2010 (Act No. X of 2010), s. 74. 7 Subs. by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), Art. 2. 8 Ins. by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), Art. 2. 9 Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74. 10 Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74. 11 Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74, and shall be deemed always to have been so, substituted. with effect from the 21st day of August 2002.