Lahore University of Management Sciences

Introduction to Pakistan Legal System – Law 102 Section 2

Fall 2019

Instructor Marva Khan

Room No. 1-10 SAHSOL Building
Office Hours TBA
Email marva.khan@lums.edu.pk
Telephone -
TA Momina Imran & Shayan Manzar
TA Office Hours TBA
Course URL (if any) -

COURSE BASICS
Credit Hours 3
Lecture(s) No. Lectures per week 2 Duration 75 minutes
Recitation/Lab (per No. Lectures per week - Duration -
week)
Tutorial (per week) No. Lectures per week - Duration -

COURSE DISTRIBUTION
Core Yes
Elective
Open for Student All
Category
Close for Student All
Category

COURSE DESCRIPTION

This Course is designed as an introduction to the legal system of Pakistan. Broadly, the Course content is structured to cover the following:

1. Constitutional history of Pakistan leading up to the promulgation of the Constitution of the Islamic Republic of Pakistan, 1973;
2. Constitutional framework for the functioning of the three organs of the State;
3. Constitutional courts of Pakistan and their powers and functions;
4. The court structure and hierarchy of courts in Pakistan;
5. Overview of Fundamental Rights and their enforcement; and
6. Overview of the substantive and procedural laws applicable to civil and criminal trials in Pakistan.

The students will be encouraged to critically engage with the course material. This objective shall be furthered via group presentations, in which the
students shall be expected to critically analyze and present the assigned material. The course outline also provides recommended readings for
several sessions. While the recommended readings are not compulsory, the students are strongly advised to cover them in order to enhance their
understanding of, and increase their grasp on the respective topics, especially students who shall be presenting during the assigned session.

Learning Outcomes

On the completion of this course, students will be able to:

 Discern basic legal jargon;

 Understand historical development of, and the fundamental principles of Pakistan’s legal system;
 Understand the form and purpose of state institutions;
 Recognize distribution of power between Federal and Provincial government; and
 Understand the court structure of Pakistan.
 Disability Policy

Any student who, because of a disability, may require special arrangements in order to meet the course requirements should contact the instructor or
the Office of Student Affairs (OSA) as soon as possible so that requisite arrangements can be made.

GRADING BREAKUP AND POLICY

Assignment (s): -
Home Work: -
Quiz (s): 20% (2 Announced quizzes of 10% each)
Class Participation: 5%
Attendance: 5%

Midterm 20%
Examination:
Class Presentation: 20%
Final Examination: 30%

EXAMINATION DETAIL
Midterm Exam Yes/No: Yes (Session 14)
Final Exam Yes/No: Yes
Combine/Separate: Separate
Duration: TBA
Exam Specifications: Closed book, closed notes.
 COURSE OVERVIEW
LECTURE TOPICS ESSENTIAL READING RECOMMENDED OBJECTIVES/APPLICATION
READING
Session 1 Introduction to Overview of the course; Justice (R) Fazal Karim, Introduction of basic legal
the course “Access to Justice in Pakistan concepts including the distinction
A. K. Brohi: Constitutional Law of (Karachi: Pakistan Law between private and public law;
Pakistan (pages 3-18, 55-71). House, 2003) Pages 1-3. the concept of a written
constitution and its emergence;
three organs of the state and
separation of powers; and notion
of Pakistan as a federal republic.

Module 1: Historical Background

Session 2 Constitutional Quaid-e-Azam’s speech of 11th August, Lau, Martin, “Islam and Discussion would include an
History - I 1947; Constitutional Development in overview of the varying ideologies
Pakistan,” 6 Y.B. Islamic & pertaining to the conception of
Liaquat Ali Khan’s speech of 7th March Middle E. L. 44 (1999- 2000). Pakistan, brief overview of the
1949; Government of India Act 1935,
and the Independence Act, 1947,
Debate about Objectives Resolutions, and an introduction to the
Pages 76-79; 91-105 of Hamid Khan, Objectives Resolution.
Constitutional and Political History of
Pakistan, 2nd ed (Karachi: Oxford
University Press, 2009);

Session 3 & Constitutional G. W. Choudhury: Constitution of Khan, Hamid, “The Overview of the 1956
 4 History Pakistan; Constitution of 1962”, Constitution and the
(Continued) Constitutional and Political constitutional developments
D. P. Singhal, “The New Constitution of History of subsequent to the proclamation of
Pakistan”; Pakistan, 1st. ed. martial law in 1958 and the
Karachi: OUP, 2001. abrogation of the 1956
Preamble of the Constitution of the 254-269. Constitution, which led to the
Islamic Republic of Pakistan, 1973 framing of the 1962 Constitution,
(“Constitution”); Choudhry, G. W. “End of Era” and an introduction to
Constitutional Development in preliminary provisions of the
Articles 1-7 of the 1973 Constitution. Pakistan, 2nd ed. London: 1973 Constitution.
Longman, 1995, 133-149.
Session 5 President and Articles 41-49; 50-63A; 68, 89 of the Syed Kaleehm Ahmad Class session is intended to
Majlis-e-Shoora Constitution; Khursheed, “Whether include an introduction to the
(Parliament) Parliament is Supreme?” President’s office, including
2nd Schedule of the Constitution. (1998) PLJ, Magazine Section, election procedure, discussion of
45. the composition, duration,
meetings of the Majlis-e-Shoora,
and the qualifications and
disqualifications of its members.

Session 6 Federal Articles 55, 70-77 of the Constitution. Michael Kugelman (2012),
legislation “Decentralization in Pakistan:
the lost opportunity of 18th
amendment” published by
Norwegian Peace building
Resource Centre.
Students will be introduced to the
legislative procedures required to
be followed by the Majlis-e-
Shoora.

Session 7 Provincial 101-117, 127-128, and 141-144 of the Shahid Javed Barki, Asma Discussion would include
legislation; Constitution; Faiz “Making the Federation provincial machinery, including
 Relations work, Federalism in Pakistan the governor’s office, and the
between the 4th Schedule of the Constitution. after the 18th Amendment” 48- constitution and functionality of
Federation and 74; provincial assemblies Further, the
the Provinces distribution of legislative powers
Hamid Khan, Constitutional between the Federation and the
and Political History of Provinces post 18th amendment
Pakistan, 2nded (Karachi: would also be discussed.
Oxford University Press,
2009) pages 884-889;

3rd Schedule of the

Constitution.

Session 8 Quiz 1

Session 9 Federal and Articles 90-100, 129-140A, 145-152, Dr Razia Sultana, “18th The powers of the Federal and
provincial 238-239, 57, 111 of the Constitution Amendment: Financial Impact the Provincial Governments; the
structures and on Provinces” in Maqsudal administrative relationship
their respective Hasan Nuri; between the Federation and the
administrative Provinces; and the procedure for
relations; the Muhammad Hanif and amending the Constitution would
Attorney Muhammad Nawaz Khan, be discussed.
General and Eighteenth Amendment
Advocate Revisited (Islamabad:
General Islamabad Policy Research
Institute) 129-135;

Ahmed Bilal Mehboob &

Hamza Ijaz, “Challenges to
 Independence and Sovereignty
of Parliament” in Pakistan;

A. G. Choudhry, “Balancing
the Constitution” (1994) PLJ
137-181.

Session 10 Judicial system Articles 175-183, 192-198, 203A-D,F, J. (R) Fazal Karim, “Judicial Students will be introduced to the
under the 209-211 of the Constitution. Review of Public Actions”, hierarchy of the Constitutional
Constitution Vol.1 (pages 104-105); courts, including the Supreme
Court, High Courts, and the
Faqir Hussain, “Judicial Federal Shariat Court, along with
system of Pakistan” (pages 14- the their respective jurisdictions.
20); Discussion would also include a
brief introduction to military
Khalid M. Ishaq, courts.
“Independence of judiciary”
(1975) PLJ 5;

Hamid Khan (1998),

“Government and Judiciary
1994 to 1997: the Crisis of
State” in Khan (1999).

Section 11 Judicial Article 175A of the Constitution. District Bar Association v. Discussion would include process
Appointments Federation of Pakistan for the appointment of judges and
(Excerpts); the role of the Supreme Judicial
Council.
J. (R) Fazal Karim: Judicial
 Review of Public Actions,
Vol.1 (pages 3-16);

Rao Naeem Hashim Khan,

Former Judge LHCL,
“Supreme Judicial Council”
(2007) PLJ, Magazine Section,
134.

Session 12 Constitutional Articles 199, 184-191, 201-204 of the J. (R) Fazal Karim “Access to Students will be introduced to the
remedies/ Constitution. Justice in Pakistan” pages 35- original, appellate and advisory
Original 46); jurisdictions of the Supreme
jurisdiction and Court, and the jurisdiction of the
powers of J. (R) Fazal Karim: Judicial High Court.
Constitutional Review of Public Actions,
Courts Vol.2 (pages 1158-1182).

Session 13 Fundamental Chapters 1 and 2 of the Constitution J. (R) Fazal Karim: Judicial This session will include an
Rights and (Articles 8-40). Review of Public Actions, introduction to the Fundamental
Principles of Vol.1 (pages 545-554); Rights enumerated in the
State Policy Constitution, Principles of State
Dr. Muhammad Farogh Policy, and differences between
Naseem, “Constitutional the two concepts.
Guarantees for the Rights of
Women and their
Implementation” (1998) PLJ
1998, Journal, 31.
Session 14 Midterm Examination

Session 15 Review of Mid- Judicial System of Pakistan;

term exam and
introduction to List of special courts and tribunals.
civil and
criminal court
structure
Sessions Procedural and J. (R) Fazal Karim “Civil Justice Article 175 of The
16-17 Substantive System”, Access to Justice in Pakistan, Constitution;
Laws - Civil pages 361‐383
Civil Courts Ordinance, 1962;
Code of Civil Procedure, 1908:
Sections 1‐3,6 & 9‐14 Islamabad High Court Act,
2010.
Introduce substantive laws e.g. Contract
Act, Family laws, currency, Transfer of
Property.

Sessions Substantive and Code of Civil Procedure, 1908: Code of Civil Procedure:
18-19 Procedural Sections 15-21; Order 4, Rule 1 & 2; Order 5,
Laws – Civil Order 6, Rule 1, 2 & 14; Rule 1 & 20.
Order 7, Rule 1-5, 7 & 10;
Order 8, Rule 1, 2, 3, 4 & 5;
Order 14, Rules 1, 2 & 3;
Order 18, Rule 1, 2 & 3;
Order 20, Rule 1;
Order 21, Rule 1;
Order 39.
Sessions Substantive and “NAB – An Independent Review of Sections 6‐12 of the Pakistan
20-22 Procedural Structure and Performance” - PILDAT Penal Code.
Laws – Criminal
The Pakistan Penal Code, 1860:
Sections 1‐5;
Sections 24‐25;
Sections 34-‐35;
Sections 53‐55A;
Section 65;
Section 69;
Sections 76‐110.

Code of Criminal Procedure, 1898:

Sections 4-5;
Section 6;
Sections 9‐17;
Sections 28‐35.

Qanun‐e- Shahadat Order, 1984:

Articles 117‐120.

Judicial system of Pakistan (pages 21-

28);

J. (R) Fazal Karim: The Law of Criminal

Procedure (pages 45-48);

J. (R) Fazal Karim: Access to Justice in

 Pakistan (pages 167-169, 225-230).

Emad Ansari, “The Erosion of Law”,

available at
<https://www.geo.tv/latest/241389-
the-erosion-of-law>.
Session 23 Quiz 2
Sessions Criminal Trial J. (R) Fazal Karim “Of Crime and
24-25 Criminal Procedure” Access To Justice
in Pakistan. Karachi: Pakistan
Law House, 2003, pages: 176‐202

Code Of Criminal Procedure:

Sections 46‐61;
Sections 154-164;
Sections 190, 221, 265m. 265K, 366-
371, 374, 376, 497 & 498;
First two pages of the Second Schedule.

Sessions Appeal, Constitution of Islamic Republic of J. (R) Fazal Karim “Civil

26-27 Revision, and Pakistan, 1973: Justice System” Access To
Review Articles 185, 203F, 203 DD of The Justice in Pakistan. Karachi:
Constitution Pakistan Law House, 2003,
pages 609‐649.
Code of Civil Procedure, 1908:
Sections 96, 100, 107, 109, 114 & 115

Code of Criminal Procedure, 1898:

Sections 410, 411A, 412, 417 & 423
 Arbitration Act, 1940:
Sections 13‐19

The Limitation Act, 1908:

Sections 1‐5, and Articles 32‐60 of the
First Schedule

J. (R) Fazal Karim: Access to Justice in

Pakistan (pages 315-332).

Session 28 Review of the No Readings.

Course