172. (1) Any property which has no rightful owner shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Federal Government.
(2) All lands, minerals and other things of value within the continental shelf or underlying the ocean within the territorial waters of Pakistan shall vest in the Federal Government.
173. (1) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of, the Federal Government or, as the case may be, the Provincial Government, and to the making of contracts.
(2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal
Government or, as the case may be, in the Provincial Government.
(3) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be
expressed to be made in the name of the President or, as the case may be, the Governor of the Province, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the President or Governor by such persons and in such manner as he may direct or authorize.
(4) Neither the President, nor the Governor of a Province,shall be personally liable in respect of any contract or assurance made or executed in the exercise of the executive authority of the Federation or, as the case may be, the Province, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
(5) Transfer of land by the Federal Government or a Provincial Government shall be regulated by law.
174. The Federation may sue or be sued by the name of Pakistan and a Province may sue or be sued by the name of the Province.
175. (1) There shall be a Supreme Court of Pakistan, a High Court for each Province and such other Courts as may be established by law.
(2) No Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.
(3) The Judiciary shall be separated progressively from the Executive within [fourteen] years from the
commencing day.
176. The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of [Majlis-I-Shoora(Parliament)] or, until so determined, as may be fixed by the President.
177. (1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan; and
(a) has for a period of, or for periods aggregating,not less than five years been a judge of a High Court
(including High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating,not less than fifteen years been an Advocate of a
High Court (including a High Court which existed in Pakistan at any time before the commencing day).
178. Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
179. [(1)] A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with theConstitution.
(2) * * * * 180 At any time when
(a) the Office of Chief Justice of Pakistan is vacant; or
(b) the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to
any other cause, the President shall appoint [the most senior of the other Judges of the Supreme Court] to act as Chief Justice of Pakistan.
Constitution of Supreme Court Appointment of Supreme Court Judges Oath of Office Retiring Age Acting Chief Justice
181. (1) At any time when
(a) the office of a Judge of the Supreme Court is vacant; or
(b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to
any other cause,the President may, in the manner provided in clause (1) of Article 177, appoint a Judge of a High Court who is qualified or appointment as a Judge of the Supreme Court to act emporarily as a Judge of the Supreme Court.[Explanation._ In this clause ‘Judge of a High Court’ includes a person who has retired as a Judge of a High Court].
(2) An appointment under this Article shall continue in force until it is revoked by the President.
182. If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan may, in writing,
(a) With the approval of the President, request any person who has held the office of a Judge of that
Court and since whose ceasing to hold that office three years have not elapsed; or
(b) with the approval of the President and with the consent of the Chief Justice of a High Court, require a
Judge of that Court qualified for appointment as a Judge of the Supreme Court, to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending
an ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.
183. (1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.
(2) The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint.
(3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may appoint.
(2) All lands, minerals and other things of value within the continental shelf or underlying the ocean within the territorial waters of Pakistan shall vest in the Federal Government.
173. (1) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of, the Federal Government or, as the case may be, the Provincial Government, and to the making of contracts.
(2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal
Government or, as the case may be, in the Provincial Government.
(3) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be
expressed to be made in the name of the President or, as the case may be, the Governor of the Province, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the President or Governor by such persons and in such manner as he may direct or authorize.
(4) Neither the President, nor the Governor of a Province,shall be personally liable in respect of any contract or assurance made or executed in the exercise of the executive authority of the Federation or, as the case may be, the Province, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
(5) Transfer of land by the Federal Government or a Provincial Government shall be regulated by law.
174. The Federation may sue or be sued by the name of Pakistan and a Province may sue or be sued by the name of the Province.
175. (1) There shall be a Supreme Court of Pakistan, a High Court for each Province and such other Courts as may be established by law.
(2) No Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.
(3) The Judiciary shall be separated progressively from the Executive within [fourteen] years from the
commencing day.
176. The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of [Majlis-I-Shoora(Parliament)] or, until so determined, as may be fixed by the President.
177. (1) The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan; and
(a) has for a period of, or for periods aggregating,not less than five years been a judge of a High Court
(including High Court which existed in Pakistan at any time before the commencing day); or
(b) has for a period of, or for periods aggregating,not less than fifteen years been an Advocate of a
High Court (including a High Court which existed in Pakistan at any time before the commencing day).
178. Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.
179. [(1)] A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with theConstitution.
(2) * * * * 180 At any time when
(a) the Office of Chief Justice of Pakistan is vacant; or
(b) the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to
any other cause, the President shall appoint [the most senior of the other Judges of the Supreme Court] to act as Chief Justice of Pakistan.
Constitution of Supreme Court Appointment of Supreme Court Judges Oath of Office Retiring Age Acting Chief Justice
181. (1) At any time when
(a) the office of a Judge of the Supreme Court is vacant; or
(b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to
any other cause,the President may, in the manner provided in clause (1) of Article 177, appoint a Judge of a High Court who is qualified or appointment as a Judge of the Supreme Court to act emporarily as a Judge of the Supreme Court.[Explanation._ In this clause ‘Judge of a High Court’ includes a person who has retired as a Judge of a High Court].
(2) An appointment under this Article shall continue in force until it is revoked by the President.
182. If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan may, in writing,
(a) With the approval of the President, request any person who has held the office of a Judge of that
Court and since whose ceasing to hold that office three years have not elapsed; or
(b) with the approval of the President and with the consent of the Chief Justice of a High Court, require a
Judge of that Court qualified for appointment as a Judge of the Supreme Court, to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending
an ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.
183. (1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.
(2) The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint.
(3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may appoint.
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