ARTICLE 184
184. Original Jurisdiction of Supreme Court (1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments.
Explanation.—In this clause, “Governments” means the Federal Government and the Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgements only.
(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article:
Provided that the Supreme Court shall not make an order or give direction or make a declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application filed under this clause.
— Original jurisdiction of Supreme Court — Scope — The exercise of original power by the Supreme Court under Article 184(3) of the Constitution demands cautious consideration as its implications are profound — It is imperative to acknowledge that alternative forums may exist to address similar matters, and it is advisable for litigants to explore these avenues before approaching the apex court — Furthermore, appeals from High Court decisions can be brought before the Supreme Court under Article 185 of the Constitution, ensuring a structured legal process — However, direct intervention by the Supreme Court under Article 184(3) may potentially encroach upon the rights of other parties involved, necessitating a balanced approach to uphold justice while safeguarding individual liberties. [2024 SCLR 7 = 2023 SCP 348 = 2024 SCMR 40]
— Constitutional jurisdiction — Scope — The Supreme Court is the guardian of the Constitution and the fundamental rights contained therein — In terms of Article 184(3) of the Constitution, this Court enjoys original jurisdiction to protect and enforce fundamental rights, where the enforcement is of public importance, meaning that a petitioner can come directly to this Court if the issues raised meet the two conditions set out in Article 184(3) of the Constitution. [2023 SCLR 31 = 2023 SCMR 1732]
— Constitutional jurisdiction — Scope — The authority of the Supreme Court to hear a matter cannot be stultified only because a petitioner has an alternative remedy before the High Court. [2023 SCLR 31 = 2023 SCMR 1732]
— Constitutional jurisdiction — Judicial review of actions of Election Commission — Scope — Anything done, whether an act, decision or omission, by the Election Commission, and whether it sounds on the constitutional or statutory plane, is not beyond the purview of judicial review. [2023 SCLR 74 = 2023 SCMR 2165 = 2023 SCP 211]