The Supreme Court today issued a rule questioning the legality of Article 116 of the Constitution, which gives the president the supervisory and disciplinary powers of lower courts.

Article 116 states: “The control (including appointment, promotion and grant of leave) and discipline of persons employed in the judicial service and of judges performing judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court.”

The HC came up with the rule and order following a writ petition filed by 10 SC lawyers challenging the legality of Article 116 and the disciplinary rule of lower court judges.

In the rule, the SC asked the relevant authorities of the government to explain why the article and the disciplinary rules of lower court judges should not be directed unconstitutionally.

The court also asked why the authorities should not be directed to set up a separate secretariat for the judiciary.

The registrar general of the Supreme Court was ordered to submit a report to the Supreme Court within 60 days on progress towards establishing a separate secretariat for the judiciary.

Mohammad Shishir Manir appeared before the petitioners during the hearing.