Topic : What are the functions and composition of judiciary under

1973 consitution ?
The three organ of the government the executive, judiciary and
legislature are working in such a way that each organ is functioning in
its sphere. The functions and activities may not be disturbed by each
other. There is a mechanism in the 1973 constitution of Pakistan of
judicial review. In this way the judiciary has some check on the other
branches of the government. Under the 1973 constitution, the judiciary
has certain powers to control the executive and legislative branches of
the government. In this way judiciary is playing a key role in Pakistan.
The constitution of 1973 is one the great achievement of the democratic
government. This constitution is based on consensus. This constitution
just after a short while of promulgation introduced many amendments.
These amendments gave executive superiority over judiciary.
Functions of judiciary:
The Judiciary is the third organ of the government. It has the
responsibility to apply the laws to. Specific cases and settle all disputes.
The real 'meaning of law' is what the judges decide during. The course
of giving their judgments in various cases. The Constitution of Pakistan
entrusts the superior judiciary with the obligation to preserve, protect
and defend the constitution. Neither the Supreme Court nor a High
Court may exercise jurisdiction in relation to Tribal Areas, except
otherwise provided for. To Give Justice to the people: ...
 Interpretation and Application of Laws
 Role in Law-making
 Equity Legislation
 Protection of Rights
  Guardian of the Constitution
 Power to get its Decisions and Judgements enforced In case any
person is held
 Guilty of not following any decision of the court,
 Of acting against the direction of the court, or
 Misleading the court
 Of not appearing before the court in a case being heard by it, the
Court has the power to punish the person for the contempt of
court.

COMPOSITION OF JUDICIARY:
Under constitution of 1973 the composition of judicature is as follows:
THE COURTS:
Establishment and Jurisdiction of Courts:
1. There shall be a Supreme Court of Pakistan, a High Court for each
Province and such other courts as may be established by law.
2. No court shall have any jurisdiction save as is or may be conferred on
it by the Constitution or by
or under any law.
3. The Judiciary shall be separated progressively from the Executive
within fourteen years from the
commencing day.
THE SUPREME COURT OF PAKISTAN
Constitution of Supreme Court:
The Supreme Court shall consist of a Chief Justice to be known as the
Chief Justice of Pakistan and so many Other Judges as may be
determined by Act of Majlis-eShoora (Parliament) or, until so
determined, as may be fixed by the President.
Appointment of Supreme Court Judges
1. The Chief Justice of Pakistan shall be appointed by the President, and
each of the other Judges shall be appointed by the President after
consultation with the Chief Justice.
2. A person shall not be appointed a Judge of the Supreme Court unless
he is a citizen of Pakistan and-
(a) has for a period of, or for periods aggregating, not less than
five years been a judge of a High Court (including a High Court which
existed in Pakistan at any time before the commencing day).
(b) Has for a period of, or for periods aggregating not less than
fifteen years been an advocate of a High Court (including a High Court
which existed in Pakistan at any time before the commencing day).
Oath of Office:
Before entering upon office, the Chief Justice of Pakistan shall make
before the President, and any other Judge of the Supreme Court shall
make before the Chief Justice, oath in the form set out in the Third
Schedule.
Retiring Age:
A judge of the Supreme Court shall hold office until he attains the age of
sixty five years, unless he sooner resigns or is removed from office in
accordance with the Constitution.
Acting Chief Justice At any time when:
1. The office of Chief Justice of Pakistan is vacant.
2. The Chief Justice of Pakistan is absent or is unable to perform the
functions of his office due to any other
cause.
Acting Judges At any time when:
• The office of a Judge of the Supreme Court is vacant.
• A Judge of the Supreme Court is absent or is unable to perform the
functions of his office due to any other
cause.
• Advisory Jurisdiction:
If, at any time, the President considers that it is desirable to obtain the
opinion of the Supreme Court on any question of law which he considers
of public importance, he may refer the question to the Supreme Court
for consideration.The Supreme Court shall consider a question so
referred and report its opinion on the question to the President.
Issue and Execution of Processes of Supreme Court:
1.Article 175, the Supreme Court shall have power to issue such
directions, orders or decrees as may be necessary for doing complete
justice in any case or matter pending before it, including an order for
the purpose of securing the attendance of any person or the discovery
or production of any document.
2. Any such direction, order or decree shall be enforceable throughout
Pakistan and shall, where it is to be executed in a Province, or a
territory or an area not forming part of a Province but within the
jurisdiction of the High Court of the Province, be executed as if it had
been issued by the High Court of that Province.
3. If a question arises as to which High Court shall give effect to a
direction, order or decree of the Supreme Court, the decision of the
Supreme Court on the question shall be final.
Review of Judgments or Orders by the Supreme Court:
The Supreme Court shall have power, subject to the provisions of any
Act of Majlis-e-Shoora (Parliament) and of any rules made by the
Supreme Court, to review any judgment pronounced or any order made
by it.
Decisions of Supreme Court binding on other Courts:
Any decision of the Supreme Court shall, to the extent that it decides a
question of law or is based upon or enunciates a principle of law, be
binding on all other courts in Pakistan.
Rules of Procedure:
Subject to the Constitution and law, the Supreme Court may make rules
regulating the practice and procedure of the Court.
Powers, Jurisdiction and Functions of the Court:
• The Court may, either of its own motion or on the petition of a citizen
of Pakistan or the Federal Government or a Provincial Government,
examine and decide the question whether or not any law or provision of
law is repugnant to the injunctions of Islam, as laid down in the Holy
Quran and Sunnah of the Holy Prophet, hereinafter referred to as the
Injunctions of Islam.
• If the Court decides that any law or provision of law is repugnant to
the Injunctions of Islam, it shall set out in its decision