Can Chief Justice of Pakistan be tried in Supreme Judicial Council?

Abstract

This article delves into the intricate question of whether the Chief Justice of Pakistan can be subjected to trial within the ambit of the Supreme Judicial Council (SJC). The SJC, established under Article 209 of the Constitution, holds the authority to investigate and potentially impeach judges, including the Chief Justice, for acts of misconduct or incapacity. Drawing upon constitutional provisions, historical precedents, and legal scholarship, this article critically examines the scope, limitations, and implications of subjecting the Chief Justice to SJC proceedings.

Supreme Judicial Council is the constitutional body to recommend appropriate action against Judges in the superior court for misconduct in Pakistan. However, Constitution is silent about the action to be taken against the Chief Justice of Pakistan. This paper will analyse the factual situation prevailing in Pakistan and give recommendations for the action to be taken in case of Chief Justice of Pakistan.