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6. State Objects
 
  Article 56-Regional Judiciary  
56.1 Regional Judiciary  
  The judicial power of the Nation shall be vested in one National Supreme Court (Supreme 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.  
56.2 Construction of the State Supreme Court  
  The State Supreme Court shall consist of twelve (12) Justices appointed by the Governor upon the approval of both Houses of Parliament at a time of vacancy of position to the Supreme Court.  
  The tenure of a Justice of the State Supreme 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.  
56.3 Power of the State Supreme Court  
  Vested by the Charter, the Supreme Court shall have the following powers:  
  Original Jurisdiction  
  The State Supreme Court shall have original jurisdiction in all matters:  
  (1) in relation to criminal proceedings in relation to alleged breaches of law; (2) in relation to commercial matters relating to disputed property rights and contracts; (6) in which the State, or a person suing or being sued on behalf of the State, is a party; (7) between Districts, or between residents of different District, or between a District and a resident of another District; (9) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the State.  
  Appellate Jurisdiction  
  The State Supreme Court shall represent the final and conclusive court of appeal in all matters determined from all judgments, decrees, orders, and sentences:  
  (1) of any Magistrate, Justice or Justices exercising the original jurisdiction of the State Supreme Court; (2) of any other state or district court, or court exercising state jurisdiction;  
56.4 Principle of separation of powers and the State Supreme Court  
  By virtue of the powers and functions defined in this Charter, it shall be a principle purpose of State Parliament to make laws and a principle purpose of the State Supreme 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 judgements of the State Supreme Court affect the function and effect of the laws of State Parliament, the Court shall not be permitted to use its verdicts as an alternative means of creating new law or regulation. Nor is a State Supreme Court permitted to impose its jurisdiction in matters that are clearly identified as having jurisdiction in the Supreme Court of the nation.  
  However, it shall be considered a primary role of the State Supreme Court to ensure that the laws of the State at all levels reflect the good principles of this Charter and the fair principles of justice.  
  Where laws by the State Government or by the State Parliament in anyway contradict the principles of this Charter and/or fails to execute effectively its function or purpose it shall be considered a requirement of the State Supreme Court to ensure that such laws and regulations are properly read down and rendered ineffective in their enforcement.  
56.5 Quorum of the State Supreme Court  
  In relation to all matters of original jurisdiction, the minimum number of justices required to preside shall be six, excepting in matters of Charteral and national 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 Supreme Court ruling, where all twelve justices shall be required to preside.  
     
 
 

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