Week 12 | Article 184 (Writ in Supreme Court)

    Article 184(3) of the Constitution of Pakistan 1973 provides the concept of protection of Fundamental Rights through the use of Article 199 of the Constitution. Hence, the Supreme Court of Pakistan can pre-empt the jurisdiction of High Courts under Art.199 whenever “a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved.” The power of Art.184(3) is “original jurisdiction” of the Supreme Court to enforce fundamental rights. We will also find the words “human rights” used by the Supreme Court in its judgments given under the caption “Human Rights Cases” while they have not been mentioned anywhere in the 1973 Constitution. It is the combined effect of the provisions of Art.184(3)