A Lawyers' Mutiny in Pakistan

Ali Khan, Washburn University

Abstract

The CJP’s suspension is indeed the most critical constitutional issue. Article 209 empowers the President to form an opinion on information received from any source that a Supreme Court Judge is incapable of performing the duties of his office or is guilty of misconduct. The President may direct the Supreme Judicial Council to inquire into the matter. Article 209 also provides procedures for the Supreme Judicial Council to conduct a hearing and report to the President that a Supreme Court Judge may be removed from office. Article 211 vests exclusive jurisdiction in the Supreme Judicial Council to decide the removal matters and bars “any court” from calling into question the Council’s proceedings, its report to the President, or its recommendation for the removal of a Judge. These provisions seem to support the President’s authority to initiate an action against a Supreme Court Judge. Nonetheless, Article 209 contains enough breathing space for the Supreme Court to find procedural loopholes and declare that the President acted without constitutional authority in suspending the CJP.