ARTICLE 189

Article 189. Decisions of Supreme Court binding on other Courts. Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan.


— Decisions of Supreme Court binding on other Courts — Decision of High Court binding on subordinate Courts — Scope — Any case, whether of Supreme Court or of a High Court, that establishes binding precedent turns on facts proved or admitted. [PLR 2025 SC 9 = PLD 2025 SC 60 = 2024 SCP 383]

— Decision of Supreme Court binding on other Courts — Scope — In case of conflict between the judgments of Supreme Court of Pakistan on a point of law, the judgment of larger Bench shall prevail. [2024 CLS 15 = 2024 CLC 114 = 2022 LHC 2385]

— Decisions of Supreme Court binding on other Courts — Scope — An earlier judgment of a Bench of Supreme Court is binding not only on the Benches of smaller numeric strength but also on the Benches of co-equal strength — A Bench of Supreme Court cannot deviate from the earlier view held by a co-equal Bench of Supreme Court — If a contrary view has to be taken, the proper course is to request for the constitution of a larger Bench to reconsider the earlier view. [2023 SCLR 31 = 2023 SCMR 1732]