Judicial Structure of PakistanBy: 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 AND STRENGTH OF JUDICIAL 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