The Oath of Office (Judges) Order, 2000 (Order No. 1 of 2000)

Updated: Sunday June 01, 2014/AlAhad Sha'ban 03, 1435/Ravivara Jyaistha 11, 1936, at 11:39:56 AM

The Oath of Office (Judges) Order, 2000

(1 of 2000)

Dated 25-1-2000

No. 2-2/2000-Min. I.-WHEREAS in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, as amended, the Constitution of the Islamic Republic of Pakistan has been held in abeyance;

WHEREAS Pakistan is to be governed, as nearly as may be, in accordance with the Constitution and the Chief Executive has and shall be deemed always to have had, the power to amend the Constitution;

WHEREAS all Courts in existence immediately before the commencement of this Order have been continued to function and to exercise their respective powers and jurisdiction; subject to the Proclamation of Emergency and Provisional Constitution Order No. 1 of 1999 as amended.

AND WHEREAS to enable the judges of the Superior Courts to discharge their functions, it is necessary that they take Oath of their office;

NOW, THEREFORE, in pursuance of the aforesaid Proclamation and Provisional Constitution Order as amended and in exercise of all other powers enabling him in that behalf, the Chief Executive is pleased to make and promulgate the following Order:---

1. Short title and commencement.-This Order may be called the Oath of Office (Judges) Order, 2000.

(2) It shall come into force at once.

2. Interpretation.-In this Order, “Superior Court” means the Supreme Court of Pakistan or a High Court or the Federal Shariat Court and “Judge” includes Chief Justice.

3. Oath of Judges.-(1) A person holding office immediately before the commencement of this Order as a judge of Superior Court shall not continue to hold that office if he is not given, or does not make, Oath in the form set out in the Schedule, before the expiration of such time from such commencement as the Chief Executive may determine or within such further time as may be allowed by the Chief Executive.

(2) A judge of Superior Court appointed after the commencement of this order shall, before entering upon office, make Oath in the form set out in the Schedule.

(3) A person referred to in clauses (1) and (2) who has made oath as required by these clauses shall be bound by the provisions of this Order, the Proclamation of Emergency of the fourteenth day of October, 1999 and the Provisional Constitution Order No. 1 of 1999 as amended and, notwithstanding any judgement of any court, shall not call in question or permit to be called in question the validity of any of the provisions thereof.

(4) A judge of Supreme Court or Federal Shariat Court shall make the oath before the President/Chief Executive or a person nominated by him and a judge of High Court shall make the oath before the Governor or a person nominated by him.

4. The Chief Executive may, for the purpose of removing any difficulties, or for bringing the provisions of this Order into effective operation, make such provisions as he may deem to be necessary or expedient.

5. The Oath of Office (Judges) Order No. 10 of 1999 is hereby repealed.