Lahore High Court
Encyclopedia
The Lahore High Court is based in Lahore
, Punjab
, Pakistan
. It was established as a high court
on March 21, 1919. The Lahore High Court has jurisdiction over Punjab. The High Court's principal seat is in Lahore, but there are benches in three other Pakistani cities: Rawalpindi
, Multan
and Bahawalpur
.
were issued in 1919 by King-Emperor George V
. The letters patent also appointed a Chief Justice
and six puisne justice
s, and declared the Court's jurisdiction over the Punjab and Delhi
provinces.
The Government of India Act 1935
made significant changes to the Court. These included allowing the King-Emperor
to set the number of judges, and capping the age for a judge at sixty. The Government of India (High Court Judges) Order 1937 set the maximum number of judges for the Lahore High Court at fifteen, as well as establishing the system for their salaries.
into the two new independent countries of India and Pakistan
also split the territory within the jurisdiction of the Lahore High Court. The High Court (Punjab) Order of 1947 created a new High Court for East Punjab
(in India), leaving the court at Lahore responsible for the part of its original jurisdiction that now formed part of Pakistan. The Order left the powers afforded to the Court unchanged, but gave transferred the power of judicial appointment to the Governor-General of Pakistan
instead of the Crown as beforehand. On September 28, 1948, the Governor General Khawaja Nazimuddin
set the number of permanent judges at six, with one additional judge.
established the province of West Pakistan
, and gave the Governor-General the power to establish a High Court for West Pakistan to replace the Lahore High Court; the West Pakistan High Court was accordingly established in 1956. Judges from the Chief Court of Sind and the Judicial Commissioners Court at Peshawar became judges at the West Pakistan High Court.
s anywhere in the province, with judges nominated by the Lahore High Court Chief Justice. The Provisional Constitutional Order
of 1981 also afforded the Lahore High Court these three benches. The judges were required to take oath under the Provisional Constitutional Order. Four judges refused to do so and were relieved of office. Four other judges were not administered the oath, and were also relieved of office.
Lahore
Lahore is the capital of the Pakistani province of Punjab and the second largest city in the country. With a rich and fabulous history dating back to over a thousand years ago, Lahore is no doubt Pakistan's cultural capital. One of the most densely populated cities in the world, Lahore remains a...
, Punjab
Punjab (Pakistan)
Punjab is the most populous province of Pakistan, with approximately 45% of the country's total population. Forming most of the Punjab region, the province is bordered by Kashmir to the north-east, the Indian states of Punjab and Rajasthan to the east, the Pakistani province of Sindh to the...
, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
. It was established as a high court
High Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...
on March 21, 1919. The Lahore High Court has jurisdiction over Punjab. The High Court's principal seat is in Lahore, but there are benches in three other Pakistani cities: Rawalpindi
Rawalpindi
Rawalpindi , locally known as Pindi, is a city in the Pothohar region of Pakistan near Pakistan's capital city of Islamabad, in the province of Punjab. Rawalpindi is the fourth largest city in Pakistan after Karachi, Lahore and Faisalabad...
, Multan
Multan
Multan , is a city in the Punjab Province of Pakistan and capital of Multan District. It is located in the southern part of the province on the east bank of the Chenab River, more or less in the geographic centre of the country and about from Islamabad, from Lahore and from Karachi...
and Bahawalpur
Bahawalpur
Bahawalpur , located in the province of Punjab, is the twelfth largest city in Pakistan. The city was once the capital of the former princely state of Bahawalpur. The city was home to various Nawabs and counted as part of the Rajputana states...
.
Creation
Although there were predecessors to the Lahore High Court as early as 1850, the Court was not formally established until letters patentLetters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
were issued in 1919 by King-Emperor George V
George V of the United Kingdom
George V was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 through the First World War until his death in 1936....
. The letters patent also appointed a Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
and six puisne justice
Puisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
s, and declared the Court's jurisdiction over the Punjab and Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
provinces.
The Government of India Act 1935
Government of India Act 1935
The Government of India Act 1935 was originally passed in August 1935 , and is said to have been the longest Act of Parliament ever enacted by that time. Because of its length, the Act was retroactively split by the Government of India Act 1935 into two separate Acts:# The Government of India...
made significant changes to the Court. These included allowing the King-Emperor
King-Emperor
A king-emperor, the female equivalent being queen-empress, is a sovereign ruler who is simultaneously a king of one territory and emperor of another...
to set the number of judges, and capping the age for a judge at sixty. The Government of India (High Court Judges) Order 1937 set the maximum number of judges for the Lahore High Court at fifteen, as well as establishing the system for their salaries.
Partition of India
On August 15, 1947, the Partition of IndiaPartition of India
The Partition of India was the partition of British India on the basis of religious demographics that led to the creation of the sovereign states of the Dominion of Pakistan and the Union of India on 14 and 15...
into the two new independent countries of India and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
also split the territory within the jurisdiction of the Lahore High Court. The High Court (Punjab) Order of 1947 created a new High Court for East Punjab
East Punjab
East Punjab was the part of the Punjab region that went to India following the Partition of the Punjab Province of British India between India and Pakistan in 1947...
(in India), leaving the court at Lahore responsible for the part of its original jurisdiction that now formed part of Pakistan. The Order left the powers afforded to the Court unchanged, but gave transferred the power of judicial appointment to the Governor-General of Pakistan
Governor-General of Pakistan
The Governor-General of Pakistan was the representative in Pakistan of the Crown from the country's independence in 1947. When Pakistan was proclaimed a republic in 1956 the connection with the British monarchy ended, and the office of Governor-General was abolished.-History:Pakistan gained...
instead of the Crown as beforehand. On September 28, 1948, the Governor General Khawaja Nazimuddin
Khawaja Nazimuddin
Hajji Sir Khawaja Nazimuddin, KCIE , was the second Governor-General of Pakistan, and later the second Prime Minister of Pakistan as well.-Early life:...
set the number of permanent judges at six, with one additional judge.
Establishment of West Pakistan
On September 30, 1955, the Constituent Assembly of PakistanConstituent Assembly of Pakistan
The Constituent Assembly of Pakistan was formed to write Pakistan's constitution, and serve as its first parliament. It first convened on 11 August 1947, before the end of British rule on August 15, 1947. Quaid-i-Azam Muhammad Ali Jinnah was the first President of this Assembly until his death on...
established the province of West Pakistan
West Pakistan
West Pakistan , common name West-Pakistan , in the period between its establishment on 22 November 1955 to disintegration on December 16, 1971. This period, during which, Pakistan was divided, ended when East-Pakistan was disintegrated and succeeded to become which is now what is known as Bangladesh...
, and gave the Governor-General the power to establish a High Court for West Pakistan to replace the Lahore High Court; the West Pakistan High Court was accordingly established in 1956. Judges from the Chief Court of Sind and the Judicial Commissioners Court at Peshawar became judges at the West Pakistan High Court.
1981
On January 1, 1981, it was ordered that the Lahore High Court would create benches at Bahawalpur, Multan and Rawalpindi. The order also specified that the Lahore High Court judges could hold circuit courtCircuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
s anywhere in the province, with judges nominated by the Lahore High Court Chief Justice. The Provisional Constitutional Order
Provisional Constitutional Order
A Provisional Constitutional Order, or PCO, is an extra-constitutional order that suspends either wholly or partially the Constitution of Pakistan...
of 1981 also afforded the Lahore High Court these three benches. The judges were required to take oath under the Provisional Constitutional Order. Four judges refused to do so and were relieved of office. Four other judges were not administered the oath, and were also relieved of office.
See also
- List of the Chief Justices of Lahore High Court
- Constitution of PakistanConstitution of PakistanThe Constitution of the Islamic Republic of Pakistan is the supreme law of Pakistan. Known as the Constitution of 1973, it was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973...
- Islamabad High CourtIslamabad High Court-History:Islamabad High Court located in Islamabad the capital of Pakistan was established under a presidential order on December 14, 2007. However its creation was delayed because of the stay order issued by the Lahore High Court after its establishment was challenged there. But Supreme Court of...
- Balochistan High CourtBalochistan High CourtThe High Court of Balochistan is the highest judicial institution of Balochistan, Pakistan. The court is formally known as High Court of Balochistan...
- Peshawar High CourtPeshawar High CourtThe Peshawar High Court is the highest judicial institution of Khyber-Pakhtunkhwa. It is situated at the provincial capital Peshawar.-History:...
- Sindh High CourtSindh High CourtThe High Court of Sindh is the highest judicial institution of Sindh province. Established in 1906, it is situated at provincial capital Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in...
- Court system of PakistanCourt system of PakistanCourt system of Pakistan is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial.-Structure of courts in Pakistan:...
- Punjab Bar CouncilPunjab Bar CouncilThe Punjab Bar Council is a supreme statutory & Deliberative assembly of lawyers in Punjab for safeguarding the rights, interests and privileges of practicing lawyers, regulating their conduct and helping in the administration of justice and it is also 1st biggest Bar Council of Pakistan...
- Chairman Executive, Punjab Bar CouncilChairman Executive, Punjab Bar CouncilChairman Executive Committee , Punjab Bar Council is Chief Executive of Punjab Bar Council. The Chairman of Executive Committee is a political office and elected by the Members of Punjab Bar Council in each year. Chairman Executive Committee has full authority to decide matters of Bar Council in...
- Vice Chairman, Punjab Bar CouncilVice Chairman, Punjab Bar CouncilVice Chairman Punjab Bar Council is Presiding officer of Punjab Bar Council elected by Members of Punjab Bar Council in each year. under the Punjab Legal Practitioners and Bar Councils Rules 1974, Vice Chairman is ex officio Member of each Committee of Bar Council....