Pakistan's top judge is suspended (Merged)

Flame_of_Life · March 17, 2007, 8:29pm

Re: Pakistan’s top judge is suspended (Merged)

I smell a contradiction right there

*180. Acting Chief Justice. 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 **[163]](http://www.pakistani.org/pakistan/constitution/part7.ch2.notes.html#163) [the most senior of the other Judges of the Supreme Court] to act as Chief Justice of Pakistan. *

http://www.pakistani.org/pakistan/co…part7.ch2.html

The important point here is the phrase “The President shall appoint”. This means that the president has the constitutional obligation to invoke this Article, and appoint a new acting Chief Justice if the Chief Justice is unable to perform the functions of his office. This much is clearly stated, and this is a clear statement that the President has the power to suspend the Chief Justice. Only the President can invoke this Article, and appoint a new Chief Justice, it so follows that the old Chief Justice will remain suspended. Taken together with Article 209, it is clear the President cannot sack the Chief Justice, and has to abide by the Council decision, which makes the judiciary independent of the government, though the president does clearly have the power to appoint a new Chief Justice while waiting for the results of the inquiry.

180(a) says the Pres. shall appoint an Acting CJ “WHEN” the office of the CJ falls vacant. Question is, has it fallen vacant?

Answer that and we proceed.