Powers of High Court under Article 199 of the Constitution of Pakistan, 1973
Table of Contents
- Introduction
- Power 1: Writ Jurisdiction
- Power 2: Supervisory Jurisdiction
- Power 3: Judicial Review
- Power 4: Contempt of Court
- Conclusion
- FAQs
Introduction
The Constitution of Pakistan, 1973 confers significant powers upon the High Courts in the country. Under Article 199
of the Constitution, the High Courts exercise several powers to safeguard the fundamental rights of the citizens and
ensure the rule of law. This article explores the powers granted to the High Court under Article 199 and their
implications in the Pakistani legal system.
Power 1: Writ Jurisdiction
High Courts in Pakistan possess the power of issuing writs, including writs of habeas corpus, mandamus, prohibition,
certiorari, and quo warranto, for the enforcement of fundamental rights. This power enables the High Courts to
intervene when the rights of individuals or groups are violated by any public authority, ensuring the protection of
citizens' liberties. The High Court can order the release of a person who has been unlawfully detained (habeas
corpus), direct a public official or body to perform their duties (mandamus), prohibit a lower court or authority
from acting beyond its jurisdiction (prohibition), quash the decisions of a lower court or tribunal (certiorari), or
challenge the legitimacy of a person holding a public office (quo warranto).
Power 2: Supervisory Jurisdiction
The High Courts also exercise supervisory jurisdiction over subordinate courts and tribunals within their territorial
jurisdiction. This power allows them to review the decisions, orders, and proceedings of lower courts, ensuring that
justice is served and legal errors are rectified. High Courts can interfere in cases where they find a manifest
injustice or an abuse of power by the lower courts. The supervisory jurisdiction ensures that the lower courts
function within the legal framework and adhere to the principles of justice and fairness.
Power 3: Judicial Review
Under Article 199, High Courts have the authority to exercise judicial review over the acts, actions, or omissions of
the executive and other governmental authorities. This power enables them to assess the legality, constitutionality,
and fairness of administrative actions, ensuring that they are in accordance with the law and the Constitution. High
Courts can declare any action as unconstitutional or ultra vires if it violates the fundamental rights or exceeds the
authority granted by the law. Judicial review serves as a crucial check on the exercise of executive power and
prevents any arbitrary or unlawful actions by the government.
Power 4: Contempt of Court
High Courts also possess the power to deal with contempt of court cases. Contempt of court refers to any act or
behavior that disrespects or obstructs the administration of justice or undermines the authority of the court. The
High Courts can take action against individuals or entities that commit contempt of court, which may include
punishing the offender with fines, imprisonment, or other appropriate measures. This power ensures that the dignity,
independence, and authority of the courts are upheld, and the judicial process is not hindered by any contemptuous
conduct.
Conclusion
The powers vested in the High Courts under Article 199 of the Constitution of Pakistan, 1973 play a vital role in
upholding the principles of justice, rule of law, and protection of fundamental rights. These powers allow the High
Courts to intervene, correct errors, and prevent abuses of power by public authorities, ensuring that the citizens'
rights are safeguarded. The exercise of these powers by the High Courts contributes to the maintenance of a fair and
just legal system in Pakistan, where the judiciary acts as a bulwark against arbitrary actions and protects the
rights and liberties of the people.
FAQs
Q1: What is the significance of Article 199 in the Pakistani legal system?
Article 199 grants powers to the High Courts, allowing them to protect and enforce fundamental rights, exercise
supervisory jurisdiction, perform judicial review, and deal with contempt of court cases. It ensures that the
citizens' rights are safeguarded, upholds the principles of justice and the rule of law, and maintains the
independence and authority of the judiciary in Pakistan.
Q2: What are the types of writs that can be issued by the High Courts under Article 199?
The High Courts can issue several types of writs, including habeas corpus, mandamus, prohibition, certiorari, and quo
warranto. These writs serve different purposes and are utilized to safeguard individuals' rights, correct legal
errors, and challenge the legitimacy of public officeholders.
Q3: Can the High Courts declare a government action as unconstitutional under Article 199?
Yes, the High Courts have the authority to exercise judicial review and declare any action, action, or omission by the
executive or other governmental authorities as unconstitutional or ultra vires if it violates the fundamental rights
or exceeds the authority granted by the law. This power ensures that the government acts within the confines of the
Constitution and does not infringe upon the rights of the citizens.
Q4: How do High Courts handle contempt of court cases?
High Courts have the power to deal with contempt of court cases. When an act or behavior disrespects or obstructs the
administration of justice or undermines the authority of the court, the High Court can take appropriate action. This
may include imposing fines, ordering imprisonment, or implementing other measures to maintain the dignity,
independence, and authority of the courts. The power to deal with contempt of court cases ensures the proper functioning
of the judicial system and upholds the respect and sanctity of the courts.