193. Appointment of High Court Judges. ___1[(1) The Chief Justice and each of other Judges of
a High Court shall be appointed by the President in accordance with Article 175A.]
(2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is
not less than 2[fortyfive] years of age, and __
(a) he has for a period of, or for periods aggregating, not less than ten years been an advocate
of a High Court (including a High Court which existed in Pakistan at any time before the
commencing day); or
(b) he is, and has for a period of not less than ten years been, a member of a civil service
prescribed by law for the purposes of this paragraph, and has, for a period of not less than
three years, served as or exercised the functions of a District Judge in Pakistan; or
(c) he has, for a period of not less than ten years, held a judicial office in Pakistan.
3[Explanation.__ In computing the period during which a person has been an advocate of a High
Court or held judicial office, there shall be included any period during which he has held judicial
office after he became an advocate or, as the case may be, the period during which he has been an
advocate after having held judicial office.
(3) In this Article, "District Judge" means Judge of a principal civil court of original jurisdiction.
194. Oath of Office. Before entering upon office, the Chief Justice of a High Court shall make
before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in
the form set out in the Third Schedule 4[:]
5 [Provided that the Chief Justice of the Islamabad High Court shall make oath before the
President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad
High Court.]
6[195. Retiring Age. A judge of the High Court shall hold office until he attains the age of sixty
two years, unless he sooner resigns or is removed from office in accordance with the Constitution.
196. Acting Chief Justice. At any time when__
(a) the office of Chief Justice of a High Court is vacant, or
(b) the Chief Justice of a High Court is absent or is unable to perform the functions of his
office due to any other cause,
1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.69, for "clause (1)".
2 Subs. ibid. for "forty" and shall be deemed always to have been so, subs. with effect from 21st day of August,
2002.
3 Explanation added by the Constitution (First Arndt.) Act, 1974 (33 of 1974), s. 8, (w.e.f. the 4th May, 1974).
4 Subs. by Act No. 10 of 2010, s. 70, for the fullstop.
5 New proviso added ibid.
6 Article 195 subs. by the Constitution (Seventeenth Amdt.) Act, 2003 (3 of 2003), s.7 which was previously amended by various enactments (see also Article 267B).
Page 83 of 167