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    Judicial Structure of Pakistan

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    Umair Aziz
    The document discusses the judicial structure of Pakistan. It begins by defining justice and then outlines the purpose and functions of a judicial system, including adjudication, legislation, and execution. It notes that Pakistan's system stems from the British system. The main branches of Pakistan's judicial structure are the Supreme Court, Federal Shariyat Court, four provincial High Courts, and subordinate civil and criminal courts. Alternative dispute resolution systems like jirgas also operate locally. The Supreme Court is the highest authority and oversees the entire structure.

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    Judicial Structure of Pakistan

    Uploaded by

    Umair Aziz
    154 views31 pages
    The document discusses the judicial structure of Pakistan. It begins by defining justice and then outlines the purpose and functions of a judicial system, including adjudication, legislation, and execution. It notes that Pakistan's system stems from the British system. The main branches of Pakistan's judicial structure are the Supreme Court, Federal Shariyat Court, four provincial High Courts, and subordinate civil and criminal courts. Alternative dispute resolution systems like jirgas also operate locally. The Supreme Court is the highest authority and oversees the entire structure.

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    The document discusses the judicial structure of Pakistan. It begins by defining justice and then outlines the purpose and functions of a judicial system, including adjudication, legislation, and execution. It notes that Pakistan's system stems from the British system. The main branches of Pakistan's judicial structure are the Supreme Court, Federal Shariyat Court, four provincial High Courts, and subordinate civil and criminal courts. Alternative dispute resolution systems like jirgas also operate locally. The Supreme Court is the highest authority and oversees the entire structure.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    154 views31 pages

    Judicial Structure of Pakistan

    Uploaded by

    Umair Aziz
    The document discusses the judicial structure of Pakistan. It begins by defining justice and then outlines the purpose and functions of a judicial system, including adjudication, legislation, and execution. It notes that Pakistan's system stems from the British system. The main branches of Pakistan's judicial structure are the Supreme Court, Federal Shariyat Court, four provincial High Courts, and subordinate civil and criminal courts. Alternative dispute resolution systems like jirgas also operate locally. The Supreme Court is the highest authority and oversees the entire structure.

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    © All Rights Reserved
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    of 31

    Judicial Structure of Pakistan

    By: Mrs. Najmunnisa Siddiqui

    What is Justice?

    : the maintenance or administration of what is


    just, especially by the impartial adjustment of
    conflicting claims or the assignment of merited
    rewards or punishments .
    Conformity to truth and reality in expressing
    opinions and in conduct;
    fair representation of facts respecting merit or
    demerit;
    honesty;
    Fidelity (faithfulness to loyalty);
    as, the justice of a description or of a
    judgment;

    Judicial System

    Noun.judicial system - the


    system of law courts that administer
    justice and constitute the judicial
    branch of government.

    Purpose of Judicial System

    The purpose of the legal system is


    to provide a system for interpreting
    and enforcing the laws.
    The purpose of a legal system is to
    provide a systematic, orderly, and
    predictable mechanism for resolving
    disagreements

    Functions of Judicial System

    In order to do its job, any such system


    must perform three closely connected,
    but nevertheless distinct, functions:
    adjudication( Arbitration, negotiation),
    legislation,
    and execution.

    Judicial Function

    The judicial function is the core of


    any legal system. In its judicial
    function, a legal system adjudicates
    disputes, issuing a decision as to
    how the disagreement should be
    settled.

    Legislative Function

    The purpose of the legislative


    function is to determine the rules
    that will govern the process of
    adjudication.
    Legislation tells judicial function
    how to adjudicate.

    Executive Function

    Finally, the purpose of the executive function is to


    ensure, first, that the disputing parties submit to
    adjudication in the first place, and second, that they
    actually comply with the settlement eventually
    reached through the judicial process. In its
    executive function the legal system may rely on
    coercive force, voluntary social sanctions, or some
    combination of the two.
    The executive function gives a legal system its
    "teeth," providing incentives for peaceful behavior;
    both domestic law enforcement and national
    defense fall under the executive function.

    Introduction

    Pakistan's judicial system stems directly from the


    system that was used in British India as on
    independence in 1947, the Government of India Act
    1935 was retained as a provisional Constitution.
    As a consequence, the legal and judicial system of
    the British period continued, of course, with due
    adaptations and modifications, where necessary, to
    suit the requirements of the new Republic.

    Pakistan is an Islamic republic.


    Islam is the state religion, and the
    Constitution requires that laws be
    consistent with Islam

    Judicial Structure of Pakistan

    ORGANISATION AN
    D STRENGTH OF J
    UDICIAL
    HIERARCHY.doc

    Supreme Court of Pakistan

    Structure
    1 Chief justice +
    16 permanent
    judges+2 ad-hoc
    judges

    Appointment of Supreme Court Judges

    The Supreme Court is at the apex of the judicial


    systems of Pakistan.
    The Chief Justice of Pakistan is appointed by
    the President. Other Judges are also appointed
    by the President after consultation with the
    Chief Justice.
    A person is eligible to be appointed as a Judge
    of the Supreme Court if he is a citizen of
    Pakistan and has been a Judge of a High Court
    for five years or an advocate of a High Court for
    fifteen years.
    The Chief Justice and Judges of the Supreme
    Court hold office until the age of sixty-five.

    Functions of Supreme Court

    It is the Court of ultimate appeal and


    therefore final arbiter of law and the
    Constitution. Its decisions are binding on all
    other courts .
    The Supreme Court has the explicit power to
    block the exercise of certain Presidential
    reserve powers. For example, under Article
    58, the President may dismiss the National
    Assembly (triggering new elections) but the
    dismissal is subject to Supreme Court
    approval

    The Court also has the power to overturn presidential


    orders and parliamentary legislation by declaring such
    orders or laws to be unconstitutional.
    The Supreme Court is also a custodian and upholder of
    citizens rights, liberties and freedoms. The Court has
    been given a very significant role of protecting the
    Fundamental Rights of citizens. For this purpose under
    article 184(3), the Supreme Court is empowered to take
    action, if it considers that a question of public importance
    with reference to enforcement of any of the Fundamental
    Rights conferred by the Constitution is involved.

    Federal Shariyat Court

    The Court consists of 8 Muslim Judges including


    the Chief Justice.
    Such Judges are appointed by the President from
    amongst the serving or retired Judges of the
    Supreme Court or a High Court or from amongst
    persons possessing the qualifications of a Judge of
    the High Court.
    Of the 8 Judges, 3 are required to be Ulema who
    are well versed in Islamic law.
    The Judges hold office for a period of 3 years and
    the President may further extend such period. [42]

    Function

    The Court, on its own motion or through petition


    by a citizen or a government (Federal or
    provincial), may examine and determine as to
    whether or not a certain provision of law is
    repugnant to the Injunctions of Islam.
    Appeal against its decision lies to the Shariat
    Appellate Bench of the Supreme Court, consisting
    of 3 Muslim Judges of the Supreme Court and not
    more than 2 Ulema, appointed by the President.

    High Court

    Structure: There is a High Court in each


    province. Each High Court consists of a Chief
    Justice and other puisne judges.
    Appointment: The Chief Justice is appointed
    by the President in consultation with the Chief
    Justice of Pakistan and other judges, in
    consultation with the Chief Justice of Pakistan,
    Governor of the Province and the Chief Justice
    of the concerned High Court. [33]

    Function:

    The Court exercises original


    jurisdiction in the enforcement of
    Fundamental Rights and appellate
    jurisdiction in judgments/orders of
    the subordinate courts in civil and
    criminal matters.

    A High Court has, under the Constitution, original


    jurisdiction to make an order:(i) directing a person within the territorial jurisdiction of the
    Court to refrain from doing anything he is not permitted by
    law or to do anything he is required by law.
    (ii) declaring that any act done by a person without lawful
    authority is of no legal effect; or
    (iii) directing that a person in custody be brought before it,
    so that the court may satisfy itself that he is not being held
    unlawfully;
    (iv) giving such directions to any person or authority, for the
    enforcement of any of the

    A High Court has the power to withdraw any civil or


    criminal case from a trial court and try it itself.
    Appellate Jurisdiction.- A High Court has extensive appellate
    jurisdiction against the judgments, decisions, decrees and
    sentences passed by the civil and criminal courts.
    General.- A High Court has the power to make rules
    regulating its practice and procedure and of courts
    subordinate to it.
    Each High Court supervises and controls all courts
    subordinate to it and any decision of a High Court binds all
    courts subordinate to it.

    Sindh High Court


    Structure:
    1 Chief Justice+27
    Judges

    Sindh High Court

    Punjab High Court

    1 Chief Justice+
    49 Judges

    Balochistan High Court

    1 Chief Justice+ 8
    Judges

    NWFP High Court

    1 Chief Justice+
    49 Judges

    Subordinate Judiciary
    CIVIL COURT:

    They are present all the district of a province. It deals civil


    material only. The civil courts consist of District Judge,
    Additional District Judge and Civil Judge Class I, II & III.

    CRIMINAL COURT:

    This court is located in the district of each province. This


    court has power to change criminal to death punishment. ,
    the criminal courts comprise of Session Judge, Additional
    Session Judge and Judicial Magistrate Class I, II & III.

    Alternative Courts/Legal System

    Alternative Dispute Resolution


    (ADR)
    Jirga
    Biradry System/Panchayat
    Nizam e Adal Law (for Malakand
    and Sawat People)

    Jirga

    An assembly or council, which is more


    familiar tribal areas of Pakistan. It is the
    gathering of people in the tribes of Baloch
    and Pathan where the leader and the head
    of the tribe decided the problem of the
    people.
    MEANING OF JIRGA:

    Jirga is the word which is taken from the


    language of Persian and its meaning is
    decision, meeting, gathering or union.

    The jirga system has no uniform structure,


    varying from tribe to tribe, and community to
    community.
    This can be found throughout Pakistan.
    Essentially, there are different appellations to
    this system but the ethics and the rulings are
    the same.
    With the onset of the decentralization process
    in Pakistan, the decisions of the jirgas are now
    coming through the official authorities, from
    the DCOs and who are facilitating and
    conducting jirgas.

    The reason the jigra system continues to


    survive is predominantly due to the strong
    feudal system present in Pakistan.
    There were attempts to abolish this system but
    no political party has been able to break its
    strength since the main ruling class continues
    to be feudal.
    In many areas, politicians are supporters of
    such a system.

    Importance of Justice in Life

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