The Supreme Court questions the legality of the president’s control over the discipline of lower courts

The High Court today issued a rule challenging the legality of Article 116 of the constitution, which gives the president the power to control and discipline lower courts.

Article 116 states: “The control (including the power of appointment, promotion and granting of leave) and discipline of persons employed in the judicial service and magistrates performing judicial functions shall be vested in the President and shall be exercised by him in agreement with the Supreme Court.”

The HC issued the rule and order following a writ petition filed by 10 SC lawyers challenging the legality of Article 116 and the disciplinary order of lower judges.

In the rule, the HC asked the relevant authorities to explain why the article and the disciplinary rules for lower court judges should not be unconstitutional.

The court also asked the government why it should not be instructed to set up a separate secretariat for the judiciary.

The Secretary General of the Supreme Court was obliged to submit a report to the Supreme Court on the progress of creating a separate secretariat for the judiciary within 60 days.

Mohammad Shishir Manir appeared before the petitioners during the hearing.