West Pakistan High Court

The High Court of West Pakistan was the High Court for the province of West Pakistan during the days of one unit from 1956 to 1971 until the separation of East Pakistan.

On 30 September 1955 the Constituent Assembly of Pakistan passed the Establishment of West Pakistan Act, 1955. By Section 7 of the Establishment of West Pakistan Act, 1955, the Governor-General of Pakistan was invested with the power to establish, by Order, a High Court for the Province of West Pakistan to replace the Lahore High Court.

The High Court of West Pakistan (Establishment) Order XIX of 1955, (which came into force on 14 October 1955) established the legal foundation for the High Court of West Pakistan and provided for various matters in relation to its jurisdiction and powers. The Order inter alia provided that the new High Court of West Pakistan would have such Original, Appellate and other jurisdiction and such powers and authority in respect of the territories included in the Province of West Pakistan as the High Court of Judicature at Lahore had immediately before the commencement of that Order.

By virtue of Article 6 of the High Court of West Pakistan (Establishment) Order, 1955, read with Section 7 of the Establishment of West Pakistan Act, 1955, Judges of the Chief Court of Sind and the Judicial Commissioners' Court at Peshawar became Judges of the High Court of West Pakistan, entitled to terms and conditions of service, not less favourable than those to which they were entitled as Judge of the High Courts from which they were transferred. Persons who were immediately before the date of the establishment of the High Court of West Pakistan serving as temporary or additional Judges became, on the interacting day, temporary or additional Judges, as the case may be of the High Court of West Pakistan.

The 1956 Constitution provided for a High Court for each of the two Provinces and declared that the existing High Court for the Provinces of East Bengal and West Pakistan functioning before the Constitution Day would be deemed to be High Courts, under the Constitution, for the Provinces of East Pakistan and West Pakistan respectively. Under the Constitution, both the Provincial High Courts retained the jurisdiction and powers as were exercisable by them immediately before the Constitution Day. Likewise, persons holding office as Chief Justice and Judges of the two Provincial High Courts, continued to retain their offices on the same terms and conditions as to remuneration and other privileges as were applicable to them immediately before the Constitution Day.

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