Professional Documents
Culture Documents
The course is an introduction to the basics of the Pakistani Legal System. It assumes that
ordinary citizens are generally little acquainted with the system of law that governs them
and will therefore attempt to provide that acquaintance.
It is expected that by the end of the course students will have a clear basic idea of the
legal system of Pakistan enabling them to broadly understand the “whole business” of
rights, duties, and administration of law and justice as also the every day socio-political
debates that often seem to hinge on legal and constitutional questions.
Required Texts
Selected readings including the Constitution of Pakistan 1973, Acts, Ordinances, case law
etc will be provided in the form of a “Course Reader”.
Lectures
This is a 3-unit course. There will be 28 sessions of 75 minutes each. Classes will meet
on Wednesday and Friday from 5:30 pm to 6:45 pm.
Grading:
Exam:
Course Schedule:
Required Reading:
Preamble to the Constitution (The Objectives Resolution)
Articles 1-7 of the Constitution
Article 50 of the Constitution
The Quaid e Azam’s speech of 11th August 1947
Liaqat Ali Khan’s Speech of 7th March 1949 before the Constituent
Assembly.
Extracts from the speech of Bharat Chandra Mandal before the Constituent
Assembly.
The Fundamental Law of Pakistan by A.K. Brohi (pp. 70-71)
Module One The Constitution: The Legislature(s) the Executive and the Judiciary
Required Reading:
Articles 41-49 of the Constitution
Articles 50-56 and 58-63A & 68 of the Constitution
Article 58 of the Constitution (Pre and Post 8th Amendment)
Required Reading:
Article 55 of the Constitution
Articles 70-77 & 141--144 of the Constitution
Article 89
4th Schedule to the Constitution
The Pakistan Citizenship Act 1951 (Section 1-6)
The NAB Ordinance (Section 1-2)
Required Reading:
Articles 101-105 of the Constitution
Articles 106-110 &112-114 of the Constitution
Article 112 of the Constitution (Pre & Post 8th Amendment)
Article 112 of the Constitution (Post 13th Amendment)
Articles 55 of the Constitution
Articles 115-117 of the Constitution
Articles 127 & 128 of the Constitution
Articles 141-144 of the Constitution
Required Reading:
Articles 90-100 of the Constitution
Articles 129-140 of the Constitution
Articles 145-152 of the Constitution
Articles 238-239 of the Constitution
Articles 57, 100, 111 and 140 of the Constitution
Session 6: Constitutional Courts--The Supreme Court, the High Courts and the
Federal Shariat Court—Removal of Judges
Required Reading:
Articles 175-183 of the Constitution
Articles 192-198 of the Constitution
Articles 203 A, 203B and 203C of the Constitution
Article 209, 210 & 211 of the Constitution
Required Reading:
Specimen Agreement
Articles 8-28 of the Constitution
Civil Laws – Substantive: The Contract Act of 1872 – Ss. 1-30B & 37-41
Article 175 of the Constitution
Civil Courts Ordinance 1962
Civil Laws--Procedural: Code of Civil Procedure, 1908 – Ss. 1-3, 6 & 9-
14
Criminal Laws – Substantive: The Pakistan Penal Code 1860 – Ss. 1-5,
6-12, 24-25, 34-35, 53-55A, 65, 69, 76-110, 361-364
Criminal Laws—Procedural: Code of Criminal Procedure 1898 – Ss. 4-5,
6, 9-17, 28-35,
Qanun e Shahadat Order 1984: Art 117, 118, 119 and 120.
Required Reading:
Specimen Civil Suit
Specimen FIR
Civil Trial: Ss. 15-21; Order 4, Rule 1 & 2; Order 5, Rule 1 & 20; Order
6, Rule 1, 2 & 14; Order 7, Rule 1-5, 7 & 10; Order 8, Rule 1, 2, 3, 4 & 5;
Order 14, Rule 1, 2 & 3; Order 18, Rule 1,2 & 3; Order 20, Rule 1; Order
21, Rule 1; Order 39 Rule 1
Criminal Trial: Ss. 46-61 & 154-164, 190, 221, 265A—265K, 366-371,
374, 376, 497 & 498 and first two pages of the Second Schedule
Required Reading:
Articles 199, 201, 202 & 203 of the Constitution
Articles 184, 186, 186A, 187, 188-191 of the Constitution
Article 203 D of the Constitution
Article 204 of the Constitution.
Required Reading:
Case material
Required Reading:
Case material
2003MLD777
Required Reading:
PLD 1992 SC 646 (651-680)
PLD 1997 SC 84 (84 and 94)
Required Reading
PLD 1989 Quetta 25 (31-44)
PLD 1990 Pesh 192 (197-211)
Session 16: Repugnancy of laws qua Fundamental Rights, the Constitution and
Shariah.
Required Reading:
Articles 2-A & 8 of the Constitution
PLD 1973 SC 49 (57-90)
PLD 1998 SC 1445 (1445-1461)
PLD 1995 SC 66 (80-81)
Required Reading:
PLD 1994 SC 693
Session 18: The Coup of 1999--The PCO--The Legal Framework Order (LFO)--The
17th Amendment.
Required Reading:
Articles of the Constitution Amended by the LFO
The 17th Amendment to the Constitution
PLD 2000 SC 869 – (pp. 869 & 912-917 & 1205-1223)
Session 19
& 20: Review