Constitution

Razi Ahsan
Advocate High Court & Tax Consultant
 CONSTITUTION

Is a set of fundamental principles OR established precedents according to which a country is governed.

A Constitution is necessary because of the following reasons:

 It is the law of the land it expresses the aspirations of the people about creating a society.
 It determines the relationship between the citizens with the governments
 It protects our freedom, outlines the limits and the power of the Government and tells us about the fundamental
Rights, duties of a citizen, social, economic and political Justice, freedom of expression, faith and association.
 It assure independence of Judiciary, lays down principles and guidelines of social Justice, which are required for
people belonging to different minorities, ethnic and religious groups to live in harmony.

 It specifies how the Government would be elected and who will have the power and the responsibility to take
important decisions.

The benefit of abiding the Constitution assures prosperity towards National and International affairs.
HISTORY
 The successful Independence Movement led the establishment of Independent Pakistan in 1947.
The provisions of the Government Of India Act 1935, had greatly influenced the state and served as its basic legal
document until 1956.
 Before writing a constitution, In 1950 Prime Minster Liquat Ali Khan passed the Objectives Resolution, pave a path
to the drafting of the Constitution. It defines the basic directives, principles of the new state and to declare state
recognition of the sovereignty of Allah over the universe.
 The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to
adhere to the teachings of the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as a
preamble into each of Pakistan's subsequent constitutions.
 The country became a republic when its first constitution was approved in 1956 but this was abrogated in 1958
after a Military Coup
 Pakistan's second constitution was approved in 1962. It granted executive power to the President and abolished the
office of the prime minister. It also institutionalized the intervention of military in politics by providing that for
twenty years, the President or the Defence minister must be a person who had held a rank not lower than that of
Lieutenant-General in the army. The 1962 constitution was suspended in 1969 and abrogated in 1972.
 The 1973 constitution was the first in Pakistan to be framed by elected representatives. Unlike
the 1962 constitution it gave Pakistan a Parliamentary Democracy with executive power
concentrated in the office of the Prime Minister, and the formal head of state—The
President—limited to acting on the advice of the Prime Minister

 The Constitution states that all laws are to conform with the injunctions of Islam as laid down
in the Quran and Sunnah. The 1973 Constitution also created certain institutions such as the
Shariat Court and the Council of Islamic Ideology to channel the interpretation and application
of Islam.

 After another coup in 1977, the constitution was held in abeyance until it was "restored" in
1985 but with an Amendment (The Eighth) shifting power from the parliament and Prime
Minister to the President. Another Amendment (Seventeenth) in 2004 continued this shift, but
in 2010, the Eighteenth Amendment reduced Presidential powers, returning the government
to a Parliamentary Republic
Constitution Of Pakistan 1956

Following the adoption of a Constitution in India in 1950, on 23 March 1956, Pakistan's first set of the constitution was
promulgated and adopted. The constitution provided for Parliamentary Form of government with a Uncameral Legislature. It
officially adopted Pakistan as “Islamic Republic" and the principle of parity was introduced. Basic features were:
 Islamic Republic of Pakistan – Official name of the country was adopted
 Objectives Resolution – The objective resolution was included as preamble by the constitution.
 System Of Government – Parliamentary Government –Parliamentary with a Prime Minister as head of government.
 Unicameral Legislature – A single house, only a National Assembly that would consist of 300 members; 150 members from
each East and West Pakistan.
 President – Required to be a Muslim and ceremonial Head Of State. In case of internal or external danger he could declare
a state of emergency in the country.
 Islamic law – No law would be passed against the teachings of the Quran and Sunnah.
 Independent Judiciary – The Supreme Court as an Apex Court – a final arbitrator of all the decisions.
 Fundamental rights included freedoms of Movement, Speech, Profession and Profess Religion, right to life, liberty, and
property.
 Language – English, Urdu and Bangali were made national languages.

By the constitution, Iskander Mirza assumed the President but his constant involvement in National Affairs, as opposed to
Constitution, dismissed FOUR elected Prime Minsters in two years.

Under public pressure, Mirza upheld the Coup in 1958, thus virtually suspending the constitution. Shortly afterwards General
Ayub Khan deposed Mirza and declared himself as President
Constitution Of Pakistan Of 1962

 General Ayub Khan appointed a Constitution Commission to draft another part of the constitution under Chief
Justice Muhammad Shahabuddin. Submitted its considerations on 6 May 1961, Ayub Khan altered the entire
version of the constitution which was entirely different from the one recommended by Chief Justice Muhammad
Shahabuddin.

 It was promulgated on 8 June 1962.

 Main feature of this set was the introduction of the Presidential System and more consolidated powers to the
President .

 No further changes were carried out to oppose the 1956 document. Its features includes:

 More powers to the President Of Pakistan.

 Strengthening of the Islamic Ideology Council.

THE CONSTITUTION OF 1973.

The Constitution of the Islamic Republic of Pakistan 1973, is the supreme law of
Pakistan.

Islamic Republic Of Pakistan – Is a Federal Republic

Islam to be the State Religion

 The Constitution of Pakistan 1973 was enforced on 14th Aug 1973.

 The Constitution of Pakistan 1973 consists of 280 Articles, split Into 12 Parts.
 The Constitution Of Pakistan 1973 has 7 Schedules.
 Objective Resolution forms the Preamble of the Constitution.
 26 amendments have been made so far.

The Constitution also defines State’s physical existence, its borders, people, their
fundamental rights, state's constitutional structure, establishment of the institutions and the
country's armed forces.
1 Redefined the boundaries of Pakistan and removed references to East Pakistan. 4 May 1974

7 September
2 Defined a Muslim and declared the status of Ahmadis as minority and 'non-Muslim'.
1974
3 Extended the period of preventive detention. 18 February 1975

Decreed additional seats for minorities, it also deprived courts of the power to grant bail to any person detained under any preventive 21 November
4
detention. 1975

5 September
5 Widened the scope of restriction on the High Courts.
1976
22 December
6 Provided that Chief Justice of Supreme Court will be retired at the age of 65 and High Court judges at age 62.
1976

7 Enables the Prime Minister to obtain a vote of confidence of the people of Pakistan. 16 May 1977

Changed Pakistan's government from a Parliamentary system to a Semi-presidential system by giving the President a number of 11 November
8
additional powers. 1985

Bill to impose Shariah law as the supreme law of land. The bill was passed by Senate but could never be passed by National Assembly
9 Not passed
owing to the latter's dissolution.

10 Fixed the interval period between sessions of the National Assembly to not exceed 130 days. 29 March 1987

11 Revision of the reserved seats for women in the National and the provincial assemblies. The bill was withdrawn in 1992. Not passed

12 Created Speedy Trial Court for 3 years. 1991

Razi Ahsan Advocate High Court and Tax consultant

Stripped the President of Pakistan of his reserve power to dissolve the National Assembly of Pakistan, and thereby triggering new
13 1997
elections and dismissing the Prime Minister.
 3 July
14 Allowed members of parliament to be dismissed if they defect.
1997
Not
15 Bill to impose Shariah law as supreme law of land. Was never passed.
passed
16 Increased the term appointed for quota system as per 1973 Constitution from 20 to 40 years. 1999
17 Made changes dealing with the office of the President and the reversal of the effects of the Thirteenth Amendment. 2003
8 April
18 Removed the power of President of Pakistan to dissolve the Parliament unilaterally.
2010
22
Provided for the appointment of the Judges of the Supreme Court of Pakistan and made amendments in the number of members of the parliamentary committee
19 December
for the appointment of Chief Electoral Officers at Election Commission of Pakistan.
2010

20 For Free and Fair Elections. 14 Feb 12

7 January
21 For Speedy Trial Military Courts to deal with terrorism.
2015
8 June
22 ECP powers deputed to Chief Election Commissioner [2]
2016
The 23rd Amendment was passed to re-establish the military courts for further two years till 6 January 2019. [3] In 2015, National Assembly passed the 21st
Amendment and created the military courts for the period of 2 years. The period of two years was expired on 6 January 2017 hence this 23rd Amendment was 7 January
23
passed to re-establish the military courts for further two years till 6 January 2019. At the end of this period all the amendments will be expired/removed 2017
automatically.
22
Reallocation of National Assembly seats among federating units and allowing election authorities to update boundaries of constituencies based on provisional
24 December
results of 2017 Census of Pakistan.
2017
31 May
25 Merges Federally Administered Tribal Areas with Khyber Pakhtunkhwa.
2018
Razi Ahsan Advocate High Court and Tax consultant
The seats of tribal districts in the National Assembly of Pakistan will be retained at 12 while their seats in the Khyber Pakhtunkhwa Assembly have been increased to 13 May
26
24 from 16. 2019
The constitution establish the rules, mandate, and Separation of Power of the three branches of the government:

(1) Legislator (2) Executive (3) Judiciary

1) Pakistan is a Bicameral (Two separate Assemblies) Legislature;

2) An Executive branch governed by the Prime Minister as chief executive; and
3) An Apex federal Judiciary headed by Supreme Court

 The Constitution designates the President of Pakistan as a ceremonial Head Of State who is to represent the unity of the
state.
 The first six articles of the constitution outline the Political System as Federal Parliamentary Republic system; as well as
Islam as its State Religion. The Constitution also encapsulates provisions stipulating the legal system's compliance with
Islamic injunctions contained in the Quran and Sunnah.
 The Parliament cannot make any laws which may be repugnant or contrary to the Constitution, however the Constitution
itself may be amended by a Two Thirds Majority in both the houses of the bicameral Parliament,
 Unlike the previous legal documents of 1956 and 1962. It has been amended over time,
 However every year we celebrates Republic Day on 23 March, when the First set of constitution was promulgated in 1956.
The Constitution Of The Islamic Republic Of Pakistan

The individual Articles of the Constitution are grouped together into the following Parts:
Preamble
Part I  Introductory [Articles 1–6]

Part II Fundamental Rights and Principles of Policy [Articles 7–40]

Part III The Federation of Pakistan [Articles 41–100]
Part IV Provinces [Articles 101-140A]
Part V Relations between Federation and Provinces [Articles 141–159]

Part VI Finance, Property, Contracts and Suits [Articles 160–174]

Part VII The Judicature [Articles 175–212]

Part VIII Elections [Articles 213–226]

Part IX Islamic Provisions [Articles 227–231]

Part X Emergency Provisions [Articles 232–237]

Part XI Amendment of Constitution [Articles 238–239]

Part XII Miscellaneous [Articles 240–280]

Schedule
Schedules are lists in the Constitution that categories and tabulate bureaucratic activity and policy of the
Government.

First Schedule Laws exempted from the operation of Article 8(1), 8(2), 8(3b), and 8(4)

Second Schedule Election of President" Article 41(3)

Third Schedule Oaths of Office: Article 42, Article 91(5)–92(2), Article 53(2)–61

Fourth Schedule Legislative Lists

Fifth Schedule Remuneration and Terms and Conditions of Service of Judges: [Article 205]

Sixth Schedule Omitted

Seventh Schedule Omitted

Council & Boards
.
Councils & Key Positions
COUNCILS & BOARDS

Part V: Relations Between Federation And Provinces

1. Council Of Common Interests U/Article 153
2. Council Of Islamic Ideology U/ Article 228
3. Supreme Judicial Council U/Article 209
4. National Finance Commission U/Article 160–165A
5. The National Accountability Bureau - NAB) Article 270AA
KEY POSTS

1. The President U/Article 41, Chapter 1, Part III

2. The Prime Minister U/Article 90(1), Chapter 3, Part III
3. The Chairman Of The Senate U/Article 60(1), Chapter 2, Part III
4. The Speaker Of The National Assembly U/Article 53, Chapter 2, Part III
5. The Attorney-General For Pakistan U/ Article-100

6. The Auditor General Of Pakistan U/Article 168

Part V: Relations between Federation and Provinces
Chapter 3: Special Provisions

153. COUNCIL OF COMMON INTERESTS.

(1) There shall be a Council of Common Interests, in this Chapter referred to as the Council, to be appointed by the President
(2) The Council shall consist of
a. The Prime Minister who shall be the Chairman of the Council;
b. The Chief Ministers of the Provinces
c. Three members from the Federal Government to be nominated by the Prime Minister from time to time
(3) The Council shall be responsible to [Majlis-e-Shoora (Parliament) ] [and shall submit an Annual Report to both Houses of Majlis-e-
Shoora (Parliament)

153. Functions and rules of procedure

a. The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise
supervision and control over related institutions
b. The Council shall be constituted within thirty days of the Prime Minister taking oath of office
c. The Council shall have a permanent Secretariat and shall meet at least once in ninety days. Provided that the Prime Minister may
convene a meeting on the request of a Province on an urgent matter
d. The decisions of the Council shall be expressed in terms of the opinion of the majority
e. Until [Majlis-e-Shoora (Parliament)] makes provision by law in this behalf, the Council may make its rules & procedure
f. [Majlis-e-Shoora (Parliament)] in joint sitting may from time to time by resolution issue directions through the Federal Government to
the Council generally or in a particular matter to take action as [Majlis-e-Shoora (Parliament)] may deem just and proper and such
directions shall be binding on the Council
g. If the Federal Government or a Provincial Government is dissatisfied with a decision of the council, it may refer the matter to [Majlis-e-
Shoora (Parliament)] in a joint sitting whose decision in this behalf shall be final
Council of Islamic Ideology is a constitutional body of Pakistan, responsible for giving legal
advice on Islamic issues to the government and the Parliament The body was founded in 1962
under the government of Ayub Khan

Functions
The council has the following functions:
To recommend laws conforming to Qur'an and Sunnah to the Parliament and Provincial
Assemblies.
To advise the Parliament, Government of Pakistan, President of Pakistan, or Governor on any
question referred to the Council as to whether a proposed law is or is not repugnant to the
Injunctions of Islam.
To make recommendations to bring current laws into conformity with Islamic injunctions.
To compile guidance for the Parliament and Provincial Assemblies.
However, the Government can make a law before advice is furnished by the council. The council
is also responsible for submitting an annual interim report, which is discussed in
the Parliament and Provincial Assemblies within six months of its receipt.
Recently, the Council was strongly criticized in many traditionalist quarters for its
recommendations on the procedure for “Khula”
The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of
the constitution of Pakistan to hear cases of misconduct against judges.

The composition of the Council is set out in the constitution as:

 The Chief Justice

 The two next most senior judges of the Supreme Court of Pakistan

 The two most senior Chief Justices of the provincial High Courts

Where the council is investigating a member of the council he is replaced by the next most
senior judge
NATIONAL FINANCE COMMISSION

The National Finance Commission Award or NFC is a series of planned economic programs in Pakistan enacted since
1951

Article 160–165A: Finance, Property, Contracts and Suits; Part-VI, Chapter:1 Finance

The National Finance Commission is constitutionally established by the Constitution which laid the
foundation of equal distribution of revenues between the federal and four provincial governments of
Pakistan. The Constitution grants powers to President of Pakistan to constitute the program in five
consecutive years. The Constitution further stated:

1. The share of the Provinces in each Award of National Finance Commission shall not be less than the
share given to the Provinces in the previous Award.

2. The Federal Finance Minister and Provincial Finance Ministers shall monitor the implementation of the
Award biannually and lay their reports before both the State Parliament and Provincial Assemblies.

Within six months of the commencing day and thereafter at intervals not exceeding five (consecutive)
years, the President shall constitute a National Finance Commission consisting of the Minister of Finance
of the Federal Government, the Ministers of Finance of the Provincial Governments, and such other
persons as may be appointed by the President after consultation with the Governors of the Provinces.
The National Accountability Bureau - NAB) is an autonomous and constitutionally
established federal institution responsible to build efforts against corruption and prepare
critical national economic intelligence assessments against economic terrorism to
the Government of Pakistan
Established by Ordinance No. XIX in 1999, its powers has been extended to conduct inquiry
at higher level by the Article 270AA of the Constitution of Pakistan.

With its chief headquarters located in Islamabad, it has four regional offices in the four
provinces of the country as well as capital territories of the country
The NAB is empowered to undertake any necessary prevention and awareness, in all
means, in addition to enforce its operations against the economic terrorism and financial
crimes.
It was established on 16 November 1999 and its sphere of operation has been expanded
and extended since. The constitution grants to launch investigations, conduct inquiries, and
issues arrests warrants against the individuals suspected in the financial
mismanagement, terrorism, corruptions (all in private-sector, state-sector, defence sector,
and Razi Ahsan Advocate High Court and Tax consultant
corporate-sector), and directs cases to accountability courts.
Key Positions/ Office
.
THE PRESIDENT
Article 41 in Chapter 1: The President of Part III: The Federation of Pakistan

There shall be a President of Pakistan who shall be the Head of State and shall represent the "unity of the Republic."
The President is a Civil commander-in-chief of the military, with Chairman Joint Chiefs being its chief military adviser to maintain
the control of the military After a thorough confirmation comes from the Prime Minister, the President confirms the judicial
appointments in the national court system

The Constitution allows the President to grant pardons, reprieves, and clemency in cases recommended to him by
the executive and the Judiciary.

The President himself has absolute constitutional immunity from criminal and civil proceedings, and no proceedings can be
initiated or continued against him during the term of his office

From 2000 until 2009, the President was the Chairman of the National Security Council who had authority and control over
the Nuclear and strategic arsenals; however, the chairmanship and the powers transferred back to Prime Minister. Furthermore,
the presidential Powers have significantly declined with Pakistan's government reversed to a parliamentary democratic republic

The Constitution of Pakistan sets the principle qualifications that the candidate must meet to be eligible to the office of the
President. A President has to be:
 A citizen of Pakistan
 A Muslim
 At least 45 years of age
 Qualified to be elected as member of the National Assembly
THE PRIME MINISTER
Article 90(1) in Chapter 3: The Federal Government of Part III: The Federation of Pakistan
 The system of government in Pakistan is based on codified constitution which sees the Prime Minister as
"chief executive of the Republic."
 Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the
President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall
act through the Prime Minister, who shall be the chief executive of the Federation.“
 In addition, the Prime Minister is also the chairman of the Council of Common
Interests
 The Prime Minister after obtaining a vote of confidence, is invited by
the President to take the oath of office and form the government.
 The Prime Minister nominates the members of the Cabinet who supervise the
important functions and ministries of the Government of Pakistan.
 In addition, the Prime Minister communicates to the President all decisions of
the Cabinet relating to the administration of affairs of state and proposals for
legislation.
 The Prime Minister, in consultation with the Cabinet, schedules and attends the sessions of the Parliament and
is required to answer questions from members of parliament to the ministers. The Prime Minister makes
appointments on various important positions, including:
 The federal secretaries as head of cabinet-level ministries
 The chief secretaries of the provinces
 Key administrative and military personnel in the Pakistan Armed Forces
 The chairmen of large public sector organizations and corporations such as NHA, PIA, PNSC etc.
 The chairmen and other members of the federal commissions and public institutions
 Ambassadors and High Commissioners to other countries
 Some specific ministries/department are not allocated to anyone in the cabinet but the prime minister himself.
The prime minister is usually always in-charge/Chairman of:
 Planning Commission
 National Command Authority
 National Security Council
 Economic Coordination Committee
 Cabinet Committee on National Security
 The Prime Minister is vested with command authority over the Pakistani nuclear arsenals and represents the
country in various delegations, high-level meetings and international organizations that require the attendance
of the highest government office and also addresses the nation on various issues of national importance
THE CHAIRMAN OF THE SENATE:

The office of Chairman of the Senate is created under Article 60(1) of the Chapter 2 in Part III
 The Parliament of Pakistan consists of the President and the two legislative houses: National Assembly (lower house) and
the Senate (upper house).
 The President is elected by members of both Houses of the Parliament and the four provincial assemblies. The President may be
removed from office or impeached through a resolution, passed by not less than two-thirds of the total membership of the Parliament
in a joint sitting of the two Houses
 After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business, elect from
amongst its members a chairman and a Deputy chairman and, so often as the office of chairman or Deputy chairman becomes
vacant, the Senate shall elect another member as chairman or, as the case may be, Deputy chairman

The term of office of the chairman or Deputy chairman shall be 3 years from the day on which he enters upon his office.
 The main purpose for the creation of the Senate was to give equal representation to all the federating units since the membership of
the National Assembly was based on the population of each
 Four province have equal provincial membership in the Senate, thus, balances the provincial inequality in the National Assembly and
dispels doubts and apprehension, if any, regarding deprivation and exploitation
 The role of the Senate is to promote National Cohesion and harmony and to alleviate fears of the smaller provinces regarding
domination by any one province because of its majority, in the National Assembly.
 The Senate act as an Legislative institution that represents the provinces and territories of the country and promotes a feeling of
equality, peace and good understanding between them, which is so essential for the growth and prosperity of a nation
 The Senate in Pakistan, over the years, has emerged as an essential organ and a stabilizing factor of the federation
The Speaker of the National Assembly

The office of Speaker of the National Assembly is created by Article 53 of the Chapter 2 in Part III of the
Constitution of Pakistan

 After a general election, the National Assembly shall, at its first meeting and to the exclusion of any other
business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of
Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as
the case may be, Deputy Speaker

 The Speakership of the National Assembly is a leadership position and the office-holder actively works to
set the majority party's legislative agenda.

 The Speaker usually does not personally preside over debates, instead delegating the duty to members of
the House from the majority party. The Speaker usually does not participate in debate and rarely votes

 The Speaker shows complete impartiality in the discharge of his or her functions.

 When the National Assembly is dissolved he or she continues in his office, till a new Speaker is elected
The Attorney-General for Pakistan,
Article-100
 Is the chief law officer and legal advisor of the Government of
Pakistan and enjoys rights of audience before Parliament.
 The Attorney-General, who serves as Pakistan's public
prosecutor, is nominated by the Prime Minister and appointed
by the President

 Advocate General is the Provincial Chief Law Officer

The Auditor General of Pakistan is a government organization and the prime and Supreme Audit Institution in the country for
ensuring public accountability and fiscal transparency and oversight in governmental operations

Article 168. Auditor-General of Pakistan

There shall be an Auditor-General of Pakistan, who shall be appointed by the President.
Before entering upon office, the Auditor-General shall make before the Chief Justice of Pakistan oath in the form set out in the Third
Schedule.
The terms and conditions of service, including the term of office, of the Auditor-General shall be determined by Act of Majlis-e-Shoora
(Parliament) and, until so determined, by [156] Order of the President.
The Auditor-General shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme
Court.
At any time when the office of the Auditor-General is vacant or the Auditor-General is absent or is unable to perform the functions of his
office due to any cause, such other person as the President may direct shall act as Auditor-General and perform the functions of
that office.

Article 169. Functions and powers of Auditor-General

The Auditor-General shall, in relation to-
(a) the accounts of the Federation and of the Provinces; and
(b) the accounts of any authority or body established by the Federation or a Province, perform such functions and exercise such
powers as may be determined by or under Act of Majlis-e-Shoora (Parliament) and, until so determined, by Order of the
President.

Article 170. Power of Auditor-General to give directions as to accounts

The accounts of the Federation and of the Provinces shall be kept in such form and in accordance with such principles and methods as
the Auditor-General may, with the approval of the President, prescribe
Courts Hierarchy
.
COURTS HIERARCHY

1. Supreme Court
2. Federal Shariat Court of Pakistan
3. High Courts
4. District & Session Courts
5. Civil and Judicial Magistrates' Courts
6. Special Tribunals and Boards
7. Family Courts
8. Juvenile Courts

The Supreme Court (SCOP), established in 1956, is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes.
The court consists of a Chief Justice and sixteen other judges. There is also provision for appointment of acting judges as well as ad hoc judges in the
court. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi.

It has a number of de jure powers which are outlined in the constitution, including appellate and constitutional jurisdiction, and suo moto power to try
Human Rights matters. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on
military power. The Supreme Court Judges are supervised by the Supreme Judicial Council.

The Federal Shariat Court of Pakistan was established in 1980 to scrutinize all Pakistani laws and determine if they conform to Islamic values "as laid
down in the Quran and the Sunnah". If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision.
The court also has appellate jurisdiction over penalties (hudud) arising under Islamic law, although these decisions can be reviewed by the Shariat
Appellate Bench of the Supreme Court. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its
own staff and frames its own rules of procedure.
The Court consists of 8 Muslim judges, appointed by the President of Pakistan, on the advice of a judicial committee of the Chief Justices of the Supreme
Court and the Federal Shariat Court. The committee chooses from among-st serving or retired judges of the Supreme Court or the High Courts or from
among-st persons possessing the qualifications of judges of a High Court. Of the eight judges, three 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.
The Federal Shariat Court, abbreviated as FSC, is a constitutional court of Pakistan, which has the power to
examine and determine whether the laws of the country comply with Sharia law. The court was
established in 1980 and is located in the federal capital, Islamabad
 It consists of eight Muslim judges appointed by the President of Pakistan on the advice of the
Chief Justice of the Court, from amongst the serving or retired judges of the Supreme Court or
a High Court or from amongst persons possessing the qualifications of High Court judges. Out
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, which may eventually be extended by the President
 Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting
of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part
of the law is declared to be against Islamic law, the government is required to take necessary
steps to amend such law appropriately.

 The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases.
The decisions of the court are binding on the High Courts as well as subordinate judiciary. The
court appoints its own staff and frames its own rules of procedure.
A High Court is the principal court of its province.
 Lahore High Court, Lahore, Punjab The Lahore High Court has jurisdiction over Punjab. The High Court's principal seat is in
Lahore, but there are benches in three other Pakistani cities: Rawalpindi, Multan and Bahawalpur. Number of Positions 60

 Sindh High Court, Karachi, Sindh the highest judicial institution of the province of Sindh. Established in 1906, the Court situated
in the provincial capital at Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, Principal
Seat: Karachi, Sindh
Circuit Benches: Hyderabad, Sukkur & Larkana No of position 40

 Peshawar High Court, Peshawar, Khyber Pakhtunkhwa the highest judicial institution of Khyber-Pakhtunkhwa. It is located in the
provincial capital Peshawar. The Parliament passed a bill extending the jurisdiction of the Supreme Court (SC) and the Peshawar
High Court (PHC) to Federally Administered Tribal Areas (FATA), one of a handful of reforms paving the way for a merger of the
tribal areas with Khyber Pakhtunkhwa. Principal Seat: Peshawar, Khyber Pakhtunkhwa
Circuit Benches: Abbottabad, Mingora & Dera Ismail Khan No of Positions 20

 Balochistan High Court, Quetta, Baluchistan the highest judicial institution of Balochistan, Pakistan, The court is formally known
as High Court of Balochistan. It is situated at the provincial capital Quetta. Principal Seat: Quetta, Balochistan
Circuit Benches: Sibi & Turbat No of seats 15

 Islamabad High Court, Islamabad, ICT: The Islamabad High Court is the senior court of the Islamabad Capital
Territory, Pakistan, with appellate jurisdiction over the following District Courts: Islamabad District Court (East), Islamabad
District Court (West) 18th Amendment to the Constitution of Pakistan; Articles 175 and 192–203 of the Constitution of Pakistan No
of Position 7
District & Sessions Courts 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 courts. District & Sessions Judge has executive and judicial power all
over the district under his jurisdiction. The Sessions court is also a trial court for heinous offences such as
Murder, Rape, Haraba offences (armed robbery where specific amount of gold and cash is involved), and is also
appellate court for summary conviction offences and civil suits of lesser value. Each Town and city now has a
court of Additional District & Sessions judge, which possess the equal authority over, under its jurisdiction.
When hearing criminal cases, it is called the Sessions Court, and when it hears civil cases, the District Court.
Executive matters are brought before the relevant District & Sessions Judge.

Civil Judge Cum Judicial Magistrates' Courts In every town and city, there are numerous Civil and Judicial
Magistrates' Courts. A Magistrate with the powers 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
murder, dacoity, robbery, extortion, etc.), but may only pass a sentence of up to three years' imprisonment or fine
or both. If the court thinks accused deserves more punishment than three years in jail, then it has to refer the
matter to a higher court, with its recommendations to that effect. Every Magistrates' Court is allocated a local
jurisdiction, usually encompassing one or more Police Stations in the area. Trial of all non bailable offences,
including police remand notices, accused discharges, arrest and search warrants, and bail applications, are
heard and decided by Magistrate Courts. Most Judicial Magistrates may hear civil suits as well. If they do so, they
are usually called a Civil Judge Cum Judicial Magistrate. These Courts are also called as Senior Civil Judge
Courts, who are empowered with the power of Judicial Magistrate as well.
Special Tribunals and Boards There are numerous Special Tribunals and Boards such as;
 Banking Courts
 Criminal Courts
 Custom Courts
 Drug Courts
 Federal Services Tribunal
 Provincial Services Tribunals (one for each province)
 Income Tax Tribunals
 Anti Corruption Courts
 Anti Terrorism Courts
 Labour Courts
 Labour Appellate Tribunal
 Environmental Courts
 Board of Revenue.
 Special Magistrate courts
 Control of Narcotic Substances (Special Courts)
 Consumer Courts -
 Intellectual Property Tribunal
 Foreign Exchange Appellate Board

Almost all judges of above mentioned courts and tribunals except for Consumer Courts, are of District & sessions Judges or of having
same qualifications. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. The revenue
courts may be classified as the Board of Revenue, the Commissioner, the Collector, the Assistant Collector of the First Grade and
Second Grade. The provincial government that exercise administrative control over them appoints such officers. Law prescribes their
powers and functions.
Family Courts The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. These courts have
exclusive jurisdiction over matters relating to personal status. Appeals from the Family Courts lie with the High Court,
where the Family Court is presided by a District Judge, an Additional District Judge, or a person notified by the
Government to be the rank and status of a District Judge or an Additional District Judge and to the District Court, in any
other case. Every town and city or Tehsil has court of family judge. In some areas, where it is only Family Court but in most
areas Civil Judge Courts have been granted the powers of Family Court Judges. According to section 17 of the Family
Court Act, 1964, the provisions of C.P.C. (Civil Procedure Code) and Qanun-e-Shahdat Order (Evidence Law) are not
applicable over to Family Court and the same are allowed to form or regulate its own procedure to decide case
expeditiously, properly and in the best interest and convenience of lady litigants.

Juvenile Courts
The parliament has passed the Juvenile Justice System Act 2018. The law is applicable to the whole of Pakistan. It has
repealed the Juvenile Justice System Ordinance 2000
Section 4 of the JJSO authorizes the Provincial Government to establish one or more juvenile courts for any local area
within its jurisdiction, in consultation with the Chief Justice of the high court. Ten years have passed, and not a single such
court has been established; and instead the High Courts have been conferring status of the juvenile courts on the existing
courts. The High Courts cannot be doing this on their own, and must be instructed by the provincial governments to do so.
In this era of independent judiciary, the High Courts should standup against the governments on this issue and refuse to
confer powers on the already over-burdened courts and instead should insist upon establishing exclusive juvenile courts.
Section 6 of the JJSO prescribes special procedure for the juvenile courts which involves issues like not ordinarily taking
up any other case on a day when the case of a child accused is fixed for evidence on such day; attendance of only
specified persons in the court; and dispensing with the attendance of the child in the trial
Ombudsmen in Pakistan. An ombudsman is an official, usually appointed by the government or by
parliament but with a significant degree of independence, who is charged with representing the interests of the
public by investigating and addressing complaints of maladministration or violation of rights.

The Constitution of 1973 also provided for a Federal Ombudsman, and the institution was eventually created
through the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President’s Order No.
1 of 1983), which is now a part of the Constitution of Pakistan by virtue of Article 270-A.
It started functioning on 8 August 1983. The Ombudsman has headquarters in Islamabad and Regional Offices
in Lahore, Sukkur, Quetta, Faisalabad, Multan, Dera Ismail Khan, Peshawar, Karachi and Hyderabad
Other ombudsman agencies in Pakistan include Provincial Ombudsman (Mohtasib-e-Aala) offices
in Punjab, Balochistan, Khyber Pakhtunkhwa and Sindh; a banking ombudsman, the Banking Mohtasib
Pakistan; a Federal Insurance Ombudsman and a Federal Tax Ombudsman.
Under the Protection against Harassment of Women at Workplace Act 2010, The Act provides for similar
offices at the provincial level.
The various ombudsman agencies participate in a Forum of Pakistan Ombudsman (FPO), and the federal
bodies are affiliated to the Asian Ombudsman Association (AOA) and the International Ombudsman Institute
(IOI).
Fundamental Rights
.
Fundamental Rights are enshrined in the Constitution of Islamic Republic of Pakistan. Chapter 1 of
the Constitution contains articles about the fundamental rights. Articles 8 to 28 of the constitution
deals with the all fundamental rights provided to the citizens of Pakistan. Followings are the
fundamental rights guaranteed to the citizens of Pakistan under constitution.
which include freedom of speech, freedom of thought, freedom of information, freedom of
religion, freedom of association, freedom of the press, freedom of assembly and the
(conditional) right to bear arms.
 Article 8. Laws inconsistent with or in derogation of fundamental rights to be void.
 Article 9. Security of person. No person shall be deprived of life or liberty save in accordance with law.
 Article 10. Safeguards as to arrest and detention.
 Article 10A. Right to fair trial: For the determination of his civil rights and obligations or in any criminal
charge against him a person shall be entitled to a fair trial and due process.
 Article 11. Slavery, forced labor, etc. prohibited.
 Article 12. Protection against retrospective punishment.
 Article 13. Protection against double punishment and self incrimination.
 Article 14. Inviolability of dignity of man, etc.
 Article 15. Freedom of movement, etc.
 Article 16. Freedom of assembly.
 Article 17. Freedom of association:
 Article 18. Freedom of trade, business or profession.
 Article 19. Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and
there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the
glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign
States, public order, decency or morality, or in relation to contempt of court [commission of] or incitement to an
offence.
 Article 19A. Right to information: Every citizen shall have the right to have access to information in all matters of
public importance subject to regulation and reasonable restrictions imposed by law.
 Article 20. Freedom to profess religion and to manage religious institutions.
 Article 21. Safeguard against taxation for purposes of any particular religion.
 Article 22. Safeguards as to educational institutions in respect of religion, etc.
 Article 23. Provision as to property. Every citizen shall have the right to acquire, hold and dispose of property in any
part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
 Article 24. Protection of property rights.
 Article 25. Equality of citizens.
 Article 26. Non-discrimination in respect of access to public places.
 Article 27. Safeguard against discrimination in services.
 Article 28. Preservation of language, script and culture.
 Protection Of
Fundamental Rights
.
FUNDAMENTAL RIGHTS includes but not limited Right to Education, Dignity, Buy Property. Five Types of Write to protect the Fundamental Rights

(1) Write Of Habeas Corpus (2) Write of Quo Warrants (3) Write of Mandamus (4) Write of Prohibition (5) Write of Certiorari

For Fundamental Rights can go directly to Supreme Court but has to clarify why coming directly to SC, HC Under Article 199

Write Hebeas Corpus A writ of Habeas corpus (which literally means to "produce the body") is a court order demanding that a public official
(such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention. Cannot exercise if the
detention is lawful/ Contempt of court/ Outside the jurisdiction / Detention by a competent court.

Write of Mandamus: (We Command) Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate
court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public
duty, and in certain cases one of a statutory duty regarding Public duty one condition there should be a public duty/ can force to perform public duty

Write of Certiorari ( To Be Certified) (Cure)

Certiorari is a court process to seek judicial review of a decision of a lower court or administrative agency. Certiorari comes from the name
of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
SC & HC can Command lower courts to submit the records for review to check Judicial illegality misuse of power, absence of Jurisdiction, Or Lack of
Jurisdiction, Violation of Natural Justice SC and HC can Quash (No force/ vide)

Write of Prohibition : (To Forbid) (Prevention ) A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits.
This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
Before Judgment when the lower courts has not announced Judgment

Write Of Quo Warrants : (By What Authority) In British and American common law, quo warrants is a prerogative writ requiring the person to
whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold . By what authority
assuming the Public Office
Thank You
.