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VII. Province Objects
 
  Article 77-Province Judiciary and Law Enforcement  
77.1 Province Judiciary and Law Enforcement  
  The judicial power of the Province shall be vested in one Provincial Court and those inferior courts named and defined in this Charter.
 
  Parliament may itself introduce further inferior courts as is deemed necessary to establish on condition that it does not conflict, corrupt or diminish the primary courts listed in this Charter.
 
77.2 Construction of the Provincial Court  
  The Provincial Court shall consist of twelve (12) Justices appointed by the Governor upon the approval of Congress at a time of vacancy of position to the Provincial Court.
 
  The tenure of a Justice of the Provincial Court shall be for a period of not greater than eight (8) years and subject to their good conduct and the confidence of Parliament. A Justice shall be required to resign within 30 days of their 80th birthday, regardless the remaining length of their tenure.
 
77.3 Province Judiciary and Law Enforcement  
  Vested by the Charter, the Provincial Court shall have the following powers:
 
  (i) Original Jurisdiction  
  The Provincial Court shall have original jurisdiction in all matters:
 
  (a) in relation to criminal proceedings relating to alleged breaches of law of a serious Level 4 Criminal Offence or above status;
  
  (b) in relation to commercial matters relating to disputed property rights and contracts valued at greater than twenty five thousand (25,000) units of Union currency;
  
  (c) in which the Province, or a person suing or being sued on behalf of the Province, is a party;
  
  (d) between campuses, or between residents of different campuses, or between a District and a resident of another campus;
  
  (e) in which a Great Writ or an injunction is sought against an officer of the Province.
 
  (ii) Appellate Jurisdiction  
  The Provincial Court shall represent the final and conclusive court of appeal in all matters determined from all judgments, decrees, orders, and sentences:
 
  (a) of any Magistrate, Justice or Justices exercising the original jurisdiction of the Provincial Court;
  
  (b) of any other Local Court, or court exercising provincial jurisdiction.
 
77.4 Principle of separation of powers and the Provincial Court  
  By virtue of the powers and functions defined in this Charter, it shall be a principle purpose of Province Parliament to make laws and a principle purpose of the Provincial Court to preside and judge over cases brought in regards to these laws. This is a principle of the separation of powers.
 
  In so far as judgments of the Provincial Court affect the function and effect of the laws of Province Parliament, the Court shall not be permitted to use its verdicts as an alternative means of creating new law or regulation. Nor is a Provincial Court permitted to impose its jurisdiction in matters that are clearly identified as having jurisdiction in the University Supreme Court.
 
  However, it shall be considered a primary role of the Provincial Court to ensure that the laws of the Province at all levels reflect the good principles of this Charter and the fair principles of justice.
 
  Where laws by the Province Government or by the Province Parliament in anyway contradict the principles of this Charter and/or fail to execute effectively its function or purpose it shall be considered a requirement of the Provincial Court to ensure that such laws and regulations are properly read down and rendered ineffective in their enforcement.
 
77.5 Quorum of the Provincial Court  
  In relation to all matters of original jurisdiction, the minimum number of justices required to preside shall be one, excepting in matters of Charter and Provincial law where all twelve justices shall be required to preside.
 
  In relation to all matters of appellate jurisdiction, the minimum number of justices required to preside shall be three, except in any case involving the appeal or review of a previous Provincial Court ruling, where all twelve justices shall be required to preside.
  
77.6 Province law enforcement  
  By this Charter, the Province defence and law enforcement of a member Province is recognized as the Province based organisations reporting to a Province Executive Government which itself is a subordinate government to the University Government.
  
     
     
     
 
 

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