Judiciary of Pakistan Essay Example

of any legal system is the judicial function, which involves resolving disputes and making decisions on how disagreements should be resolved. In addition to this, the legislative function is also a crucial component.

The legislative function is responsible for setting the rules for adjudication, guiding the judicial function in its decision-making process. In contrast, the executive function ensures that parties involved in a dispute comply with the judicial settlement through coercive force, voluntary social sanctions, or a combination of both.

The executive function of a legal system encourages peaceful behavior, covering both domestic law enforcement and national defense. The judicial system of Pakistan originated in the medieval period and has progressed over a thousand years, including the Hindu era, Muslim period (including the Mughal dynasty), British colonial period, and post-independence period.

The judicial system in India has experienced modifications during various ruling periods, leading to societal, economic, and political changes. Nonetheless, it has consistently progressed and enhanced without major interruptions. The historical development of the system can be categorized into three stages: Hindu Kingdom, Muslim-rule, and British colonial domination.

The fourth and current era originated with the partition of India and the establishment of Pakistan as a self-governing nation. Over time, there have been various reforms and advancements that have shaped the legal system. This viewpoint is widely accepted among historians and experts in Indian legal history. As the judicial system has evolved, it has been impacted by foreign doctrines and local traditions, affecting court structure, hierarchy, procedures, and decision-making practices.

Therefore, the current judicial system in Pakistan, although often claimed to be a foreign transplant, has actually incorporated local elements and

characteristics. While it may not perfectly align with the preferences and conditions of our people, its widespread usage has made it understandable to the average individual. The fact that people turn to the courts to resolve their differences is evidence of the system's legitimacy and acceptance. This is what defines the judicial structure of Pakistan.

The judicial system in Pakistan is directly derived from the system used in British India. When Pakistan gained independence in 1947, they retained the Government of India Act 1935 as a provisional Constitution, allowing for the continuation of the legal and judicial system from the British period. Necessary adaptations and modifications were made to suit the new Republic's needs, ensuring no vacuum or interruption in the functioning of the legal system. Pakistan is an Islamic republic with Islam as its state religion, requiring all laws to be in line with Islamic principles.

The Constitution of Pakistan extensively covers the superior judiciary, including detailed provisions on the makeup, authority, powers, and duties of these courts. It emphasizes the "separation of judiciary from the executive" and the importance of "judicial independence".

The Constitution grants superior courts the responsibility of preserving, protecting, and defending it. Additionally, the Constitution specifies requirements for judges' qualifications, appointment process, service terms, salary, pension, and other related matters.

The remuneration and administrative expenses of the Supreme Court and High Courts are financed by the Federal/Provincial Consolidated Fund, which cannot be voted on in the legislature but can be discussed. According to the Constitution, judges from the superior courts can be removed for specific reasons, and there is a prescribed process and venue for their removal. The

Supreme Judicial Council comprises senior judges from both the Supreme Court and High Courts, who have the authority to recommend a judge's removal if they have been involved in misconduct or suffer from physical or mental incapacity. This recommendation can be initiated by the council itself or upon receiving a reference from the President.

The Constitution of Pakistan ensures the freedom, independence, and fairness of the superior judiciary. There is a Supreme Court and a High Court in each province, along with other courts that have jurisdiction over civil and criminal matters. The Supreme Court and High Courts were established based on the Constitution, while other courts were created through Acts of Parliament or Provincial Assemblies. Furthermore, the Constitution incorporates provisions for the role of the Ombudsman.

The Supreme Court of Pakistan is the highest judicial body in the country, consisting of a Chief Justice and up to 16 other Judges who are appointed by the President. To qualify for a position on the Supreme Court, an individual must have either served as a Judge in a High Court for 5 years or practiced as an advocate in a High Court for 15 years. The President chooses Judges for the Supreme Court based on recommendations provided by the Chief Justice, taking into account their diverse legal knowledge and expertise.

The President is required to follow the Chief Justice's recommendation, unless there are valid reasons given by the President. Normally, the Chief Justice is selected from the most Senior Judge of the Supreme Court. Judges serve until they turn 65, unless they retire earlier or are expelled by the Supreme Judicial Council for

reasons stated in the Constitution, like physical or mental incapacity or misconduct.

The Court exercises its exclusive original jurisdiction to settle intergovernmental disputes and issues declaratory judgments. It also has the power to enforce fundamental rights in cases of public importance.

The Supreme Court of Pakistan has the authority to uphold the fundamental rights guaranteed by the Constitution. If it finds that a matter of public importance is at stake, it can issue any required order to ensure these rights are enforced.

APPELLATE JURISDICTION: Exercises: The Court hears appeals against orders and decisions of High Courts and other special tribunals and courts. It is empowered by the Constitution to establish its own rules of practice and procedure.

The Chief Justice is in charge of selecting Judges to preside over cases and carry out administrative tasks within the institution. The Supreme Court has the power to review and make rulings on appeals from decisions made by the High Court, Federal Shariat Court, and Services Appellate Tribunals. In some instances, individuals have the automatic right to appeal to the Supreme Court, while for others, permission must be obtained beforehand.

Exercises:

The Court exercises its advisory jurisdiction by providing its opinion on a question of law of public importance referred to it by the President for consideration. This jurisdiction allows the President to seek the opinion of the Supreme Court on any question of law that he considers important to the public. The President can refer the question to the Supreme Court for consideration at any time.

The Supreme Court reviews and offers its viewpoint on questions referred

to the President. It has a permanent location in Islamabad and also functions in Lahore, Karachi, Peshawar, and Quetta. To ensure fairness, the Supreme Court is empowered to transfer any ongoing cases, appeals, or proceedings from one High Court to another.

General: The Supreme Court in Pakistan governs its own practice and procedure through its rules. All executive and judicial authorities are required to assist the Supreme Court. Any decision made by the Supreme Court that establishes a legal principle or resolves a question of law is binding on all courts in Pakistan. Additionally, the Supreme Court has the power to review its own judgments and orders.