THE ISLAMIA UNIVERSITY OF

BAHAWALPUR

Constitutional And Political

History of Pakistan

Jurisdictions of Supreme Court

SUBMITTED TO: Mrs. Ashna Rehman

SUBMITTED BY: Muhammad Saleh
ROLL NUMBER: 103
CLASS: LLB (4th B)
 Supreme Court Jurisdictions

What is meant by jurisdiction?

Definition:
Constitutional power conferred by law or extension of the court's power to make legal
decisions and judgments.
Types of jurisdictions:
1. Original Jurisdiction:
The jurisdiction of the court includes hearing a new case for the first time, holding
hearings, taking evidence and issuing an appropriate sentence. This power lies
primarily with the lower courts like Civil Courts, District Civil Courts etc. But higher
courts like Supreme Court of Pakistan, Lahore High Court etc. automatically have this
power as per the Constitution of Pakistan. Article 184. For the Supreme Court, this
limit is unlimited.
2. Appellate Jurisdiction:
Appellate jurisdiction is the constitutional power of courts to review decisions of
lower courts without holding new hearings or taking evidence by reconsidering the
questions and procedure of the lower court's decision. The court mainly exercises this
power when the complainant files a complaint.This power lies primarily with the
higher courts, i.e. the high Court or Supreme Courts.The Supreme Court has exclusive
power to exercise appellate jurisdiction over all district courts.It is unlimited and
reserved exclusively for the Supreme Court.
3. Advisory Jurisdiction:
Advisory jurisdiction means the opinion of the court. Its form is based on a legal
question raised by the legislative or executive branch.Courts exercise advisory
authority when a constitutional body or a lower court wishes to seek the advice of a
higher court on a legal question.The jurisdiction of the Supreme Court is also
exclusive and unlimited.In Pakistan, this jurisdiction lies exclusively with the
Supreme Court of Pakistan.
4. Declaratory Jurisdiction:
A judicial decision that eliminates the applicant's legal uncertainty. This is essentially
a legally binding preventive measure that allows a party involved in an actual legal
matter to ask the court for a final decision on rights, duties or obligations of one or
more parties in a civil dispute. It belongs to all civil, district, high and supreme court
of Pakistan.
5. Territorial jurisdiction:
Territorial jurisdiction is the constitutional power of the court by which the court
hears and decides cases within a particular territory. It essentially sets the limits
within which a court can exercise its jurisdictional powers and enforce its decisions.It
is a limited jurisdiction.
E,g. A civil court has territorial jurisdiction over the entire district and a district judge
cannot restrict these local boundaries and the Supreme Court also has territorial
jurisdiction over all courts of Pakistan.
6. Monetary jurisdiction:
Monetary jurisdiction is the constitutional power of the court to award damages to the
plaintiff and to punish the perpetrator in the form of damages. It is limited to all courts
except the Supreme Court, to which it applies without limitation.

1 Made by: muhammad saleh

 Jurisdiction of the Supreme Court under the 1973
Constitution of Pakistan:
According to the 1973 Constitution of Pakistan, the Supreme Court has three final and
exclusive jurisdictions:
 Under article 184, supreme court has original jurisdiction. 
 According to Article 185, supreme court has appellant jurisdiction
 According to Article 186, supreme court has advisory jurisdiction

Difference between a question of law and question of fact

Question of law:
 It is a question relating to a problem which arises in every proceeding and
concerns the provision of the law and the manner in which it may be applied to
the case .Only the judge can decide the answer of this type of questions.
 The jurisdiction of the Supreme Court applies to advisory matters.
Question of fact:
 This is a question of the plaintiff's ability to recover damages in light of the truth
and falsity of the matter which will only be decided by the jury.

2 Made by: muhammad saleh