Judiciary

1. Organs of the State:
1. Legislature
2. Judiciary
3. Executive
Free Judiciary is the beauty of the state.

2. Legislative Authorities in Pakistan
1. At Federal Level
2. At Provincial Level
 At Federal level following are the
Legislative Authorities
1. National Assembly
2. House of Senate
3. President

3.  At Provincial Level;
1. Provincial Assembly
2. Governor
 To legislate formally;
1. The Ministers
2. The Corporations
3. Judiciary

4. Introduction:
o The judicial system that we practice today
in Pakistan has evolved for long period of
time
o The system has passed through different
phrases covering the Hindu Era, Muslim
Period (including the Mughal Period),
British Period and Independence Period

5. The Judiciary system of Pakistan consist
on two classes of courts:
1. The Superior (or higher) Judiciary
2. The subordinate (or lower) Judiciary
The Superior Judiciary is composed of
the Supreme Court of Pakistan, the
Federal Shariah Court of Pakistan and
Five High Courts, with the Supreme Court
at the apex

6. There is a High Court for each of the four
Provinces as well as a High Court for the
Islamabad Capital Territory
The Constitution of Pakistan entrusts
(assign) the Superior Judiciary with the
obligation to preserve, protect and defend
the Constitution

7. Tribal Areas of Pakistan has its own Legal
Systems which is known as Jirgah
system
The disputed region of Azad Kashmir and
Gilgit Baltistan have separate Court
Systems

8. The Subordinate Judiciary consist of Civil
and Criminal District Courts, and
numerous specialized Courts covering
Banking, Insurance, Customs and
Excise, Smuggling, Drugs, Terrorism,
Taxation, Consumer Protection and
Corruption

9. o Under the Constitution of 1973 Judicial
system of Pakistan is discussed as under:
Supreme Court of Pakistan (SCOP):
• Supreme Court of Pakistan was
established on 2nd of March 1956 under
the Constitution of 1956
• Supreme Court of Pakistan is the highest
court of the country

10. It is the Apex Court (last appealing court)
in Pakistan’s Judiciary system
The Final Arbiter of Legal and
Constitutional Disputes
The court consists of a Chief Justice and
27 other Judges
There is also provision for appointment of
Acting Judges
It has a permanent seat in Islamabad as
well as Branch Registries in Lahore,
Peshawar, Quetta and Karachi

11. The Constitution of Pakistan contains
detailed provisions on the composition,
Jurisdiction (authority by Law), powers and
functions of the court
The qualification and note of appointment,
age of their retirement and procedure for
the removal of the judges from their
offices, terms and conditions of service of
Judges are clearly specified in the basic
document of the country

12. The Constitution of Pakistan also provide
for the independence of Judiciary
And its separation from Executive
Chief Justice of the Supreme Court is also
a Chief Administrator of the Courts

13. The Supreme Court is also empowered to
make their own rules, practice, procedure
and hiring of staff
And determine their terms and conditions
of services

14. Supreme Court is the court of ultimate
Jurisdiction in the land
It is the final Arbiter of the Law and the
Constitution
Its orders are binding on all other courts in
the country
All executive and Judicial Authorities are
bound to act in aid of the Supreme Court

15. These are the major functions of Supreme
Court of Pakistan:
 To protect the fundamental rights of
citizens
 To interpret the constitution

16.  To give legal opinion to the Federal
Government or to the Provincial
Government regarding any legal issue in
which the Government feels that it would
be appropriate to take legal opinion before
introducing any bill of law in the Parliament
or Provincial Assembly

17.  To remove dispute if any between the
Federal Government and Provincial
Government
 Or between one Province to another
Province
 Or between one Institute to another
Institute
 Control over the High Courts

18.  Hearing appeals the decisions of High
Court
 Being the highest court of the country
Supreme Court of Pakistan reserves the
right/power of judicial review of all the
decisions made by Subordinate Courts
 The High Courts in the provinces are
below the Supreme Court and they have to
follow the decisions of the Supreme Court

19. Pakistan’s Constitution of 1973 provides
that their shall be High Court for each
province and Islamabad
Under the Article 199 of the Constitution of
1973; High Courts have the exclusive
jurisdiction in the Provincial Judicial
Matters

20. High Court is the Highest Court in the Civil
& Criminal Matters of the Province
High Court supervise and controls all the
courts which are subordinate to it

21. There are five High Courts in Pakistan
1. Lahore High Court, Lahore, Punjab
2. Karachi High Court, Karachi, Sindh
3. Peshawar High Court, Peshawar KPK
4. Baluchistan High Court, Quetta,
Baluchistan
5. Islamabad High Court, Islamabad,
Islamabad Capital Territory (Finally
established in 2010)

22. The Federal Shariah Court of Pakistan
was established in 1980
The Federal Shariah Court consists of not
more than 8 Muslim Judges
One of them shall be Chief Justice
Not more than 3 Ulema (Scholars of Islam)
And not more than 4 judges

23. The Judges are appointed by the
President of Pakistan, on the advice of a
Judicial Committee of the Chief Justice of
the Supreme Court and the Federal
Shariah Court
The committee chooses from amongst
serving or retired judges of the Supreme
Court or the High Court or from amongst
persons possessing the qualification of
judges of a High Court

24. Of the eight judges, there are required to
be Islamic Scholars/Ulema well versed in
Islamic Law
The Judges serve terms of three years,
subject to extension by the President

25. To examine all Pakistani Laws
If a Law is found to be repugnant to the
injunctions of Islam, the Court notifies the
relevant government, specifying the
reasons for its decisions
Such action may be taken by the Federal
Shariah Court either of its own motion or
on the petition of any citizen of Pakistan

26. The decisions of the Court are binding on
the High Courts as well as subordinate
judiciary
Appeal against its decision can be file in
Shariah Appellate Bench of Supreme
Court of Pakistan

27. The procedure of Law is as under:
1. Examination of any Law under Article
203 D (1) of Constitution 1973:
The Federal Shariah Court is empowered
to take up examination of any law or
provision of any law under Article 203 D (1)
of the Constitution of Pakistan 1973

28. 2. Issue of Notice to Federal Government:
In case any Law or Provision of Law
appears to be repugnant to the injunctions
of Islam then the Federal Shariah Court
has to issue a notice to the Federal
Government with respect to a matter
about Federal Legislative List

29. 3. Giving opportunity to Governments to
express their Point of View:
Federal Shariah Court shall afford to the
respective governments to give opportunity
to have their point of view explained before
the court decision

30. The sub-ordinate judiciary may be divided
into;
1. District & Sessions Courts
2. Civil Judge & Judicial Magistrate’s
Court
3. Special Tribunals and Boards
4. Family Courts
5. Juvenile Courts
6. Arbitration

31. District courts exist in every district of each
province
And have civil and criminal jurisdiction
In each District Headquarters, there are
numerous Additional District & Session
Judges who usually preside the court

32. District & Sessions Judge has executive
and judicial power all over the district
under his jurisdiction
The Sessions court is also a Trial Court for
odious offenses such as Murder, Rape,
Haraba offenses (armed robbery where
specific amount of gold and cash is
involved)

33. Each town and city now has a court of
Additional District & Sessions Judge,
which posses the equal authority over,
under its jurisdiction

34. When hearing criminal cases, it is called
the Sessions Court
And when it hears civil cases, it is called
the District Court

35. In every Town and city, there are numerous
Civil and Judicial Magistrate Court
A magistrate with the power of section 30
of Criminal Procedure Code (Cr.P.C.) has
the jurisdiction to hear all criminal matters
other than those which carry the death
penalty (such as attempted to murder,
dacoity, robbery etc)

36. This court may only pass a sentence of up
to 7 years imprisonment
If the court thinks accused deserves more
punishment than 7 years in jail. Then its
has to refer the matter to a Higher Court

37. Every Magistrate’s Court is allocated a
local jurisdiction, usually encompassing
one or more Police Stations in the area
Trial of all non bail able offences, including
police remand notices, accused
discharges, arrest and search warrants,
and bail applications, are heard and
decided by Magistrate Courts

38. The constitution Authorizes the Federal
Legislature to establish administrative
Courts and Tribunals for dealing with
Federal Subjects
Consequently several special courts has
been created
Most of these courts function under the
Ministry of Law & Justice

39. There are numerous special tribunals such
as;
1. Banking Courts
2. Custom Courts
3. Income Tax Tribunal
4. Anti Corruption Courts
5. Anti Terrorism Courts
6. Board of Revenue
7. Federal Service Tribunal
8. Provincial Services Tribunals (one for
each province)

40. Under Article 212 of the Constitution of
Pakistan 1973;
Government is authorized to set up
administrative courts and tribunals for
exercising jurisdiction in matters relating to
the terms and conditions of service of Civil
Servants

41. Accordingly services tribunals both at the
centre and provincial level have been
established and functioning
The members of these tribunals are
appointed by the respective government
Appeal against the decision of Provincial
Service Tribunal and the Federal Service
Tribunals lie to the Supreme Court of
Pakistan

42. Family Courts
These courts have exclusive jurisdiction
over matters relating to personal status

43. It deals with crimes committed by Pakistani
Children
The minimum age for criminal
responsibility in Pakistan is 7 years

44. It is a settlement of dispute by the decision
not of a regular and ordinary court of law
But of one or more persons appointed as
Arbitrators whose decisions the parties
agree to accept as binding whether they
agree to the decision or not
Arbitration is a settlement of a dispute by
an independent person usually chosen by
the parties themselves

45. A dispute may be referred to arbitration by
agreement out of court or compulsorily;
1. Voluntary Agreements:
a) By common practice
b) By nomination of Parties
c) By order of Court
d) By the request of one party

46. 2. Compulsory Arbitration:
a) Compulsory Arbitration may be enforced
in the following circumstances:
b) If ordered by High Court in a case of
Technical to have a case referred to an
arbitrator
c) When ordered by a Civil Court
d) Arbitration in disputes is highly
recommended in Islamic Law which is
called TAHKIM and the Arbitrator is called
HAKAM

47. THE END