Syllabus Revision Program by Islami Jamiat Talba,

For Batch 19-24 and 20-25,

Punjab University Law College.

Subject: Legal Systems (LL.B Part II)

Topic no: 6

The Court System of Pakistan

Outline:

• What is justice?
• Judicial functions
• Historical background
• Administrative structure
• Supreme court
• High courts
• Federal Shariat court
• Subordinate courts
• Special courts and administrative tribunal
• References

➢ What is justice?

Justice is a noun. It has different meanings such as fairness, moral rights, and a scheme or
system of law in which all get its all rights both political and natural.

Or

Fairness in protection of rights and punishments of wrongs. While all legal systems aim to
uphold this ideal through fair and proper administration of the law, of the land. It is possible to
have unjust laws.
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 ➢ Functions of judicial system
❖ Give justice to people: The foremost purpose of the court system is to do justice to all
people. Citizens who found guilty after trial get punishment according to the law. It
decides all case.
❖ Interpretation and application of law: the major function of courts is to interpret
laws for specific cases and also apply them. Every law needs proper interpretation and
this job is done by judges.
❖ Role in making laws: our court system also plays an important role in law-making for
the progress of the country and proper work of it.
❖ Equity legislation: as laws are ambiguous, so judges use their sense of fairness,
justice and wisdom and this way of making laws is equity legislation.
❖ Protection of rights: courts protective the fundamental rights of the citizens.
❖ Guardian of the constitution: the constitution is the supreme law of the land so the
judiciary has the responsibility to protect and interpret it. Judiciary also conduct
judicial reviews.
❖ Miscellaneous functions: judiciary has also others function too such as judicial
inquiries, advisory functions, and running of judicial administration.

➢ Historical background of court system

Pakistan judiciary system has its roots in British India. On the independence day Pakistan has
no constitution so they adopt the government of India act 1935 for short period. As Pakistan
court system has evolved from a long history. The system has passed through several phases
such as the Hindu era, Muslim period, British period and independence period. The legal and
judicial system of the British period continued with due adaptation and modification but
Pakistan as an Islamic country needs an Islamic system for the country. So they live their lives
according to Islam.

➢ Administrative structure

The court system of Pakistan is consist of 2 classes of courts.

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 1. The superior judiciary
2. The subordinate judiciary

The superior courts are composed of the supreme court of Pakistan, the federal sharia court of
Pakistan and 5 high courts of the country.

▪ Each province has its high court as well as high court for Islamabad too.
▪ Tribal areas have their court which they call the jirga system.
▪ The disputed areas as Kashmir and Gilgit Baltistan have their separate courts.

The subordinate courts are composed of civil and criminal district courts, and many special
courts related to banking, insurance, customs, and many more.

This is mentioned in part vii (the judicature) chapter 1 (the courts) article 175( establishment
and jurisdiction of courts) of the constitution of Pakistan.

➢ Supreme court of Pakistan

The supreme court was established on 2nd March 1956 under the constitution of 1956. It is the
highest court of Pakistan. The permanent seat of the court is in Islamabad while it has branch
registries in all provinces. This is the final arbitrator of legal disputes. The Supreme court has
one chief justice and 27 other judges. Cases are also heard in its branch registries in the
provincial capitals.it has several de jure powers and suo moto power. Its orders are binding
on all other courts.

Mention in the constitution of Pakistan part vii, chapter 2( the supreme court of Pakistan),
article 176 ( constitution of supreme court)

Article 183 ( seat of the supreme court)

Article 184 ( original jurisdiction of supreme court)

Article 185 ( appellate jurisdiction of supreme court)

Article 186 ( advisory jurisdiction)

Article 187( issue and execution of processes of supreme court)

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 Article 189( decisions of supreme court binding on other courts)

Article 188 ( review of judgements or orders by the supreme court)

• appointment of supreme court judges

As the supreme court is at the apex of all courts. The chief justice of Pakistan is appointed by
the president and other judges are also appointed by the president with the consultant of the
chief justice. A person can be the judge of the supreme court if he is a citizen of Pakistan,
judge of high court for 5 years or advocate of the high court for fifteen years. The chief justice
and judges of supreme courts can hold office till the age of 65.

Mention in article 177 ( appointment of supreme court judges)

Article 178 ( oath of office)

Article 179 ( retiring age)

Article 180 ( acting chief justice)

Article 181 ( acting judges)

Article 182 ( appointment of ad hoc judges)

• Functions of supreme courts

The supreme court of Pakistan has major functions:

▪ It protects the fundamental rights of citizens

▪ It interpret the constitution
▪ Give legal opinion to federal and provincial government before passing any bill
▪ Remove disputes between federal and provincial government
▪ It also control high courts
▪ Hearing appeals the decisions of high courts
▪ It can reverse the right or power of judicial review of the decisions made by
subordinate courts
▪ High courts are below the supreme courts so they follow the supreme court

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 ➢ High courts
• Structure

There is a high court in each province of Pakistan. It is consist of the chief justice and other
junior judges. The high court is an appellant court for all civil and criminal matters respective
to provinces.

There are 5 high courts in Pakistan

Lahore high court

Sindh high court

Balochistan high court

Peshawar high court

Islamabad high court

Mention in article 192 ( constitution of high courts )

Article 198 ( seats of the high court)

Article 199 (jurisdiction of high court)

Article 200 (transfer of high court judges)

Article 201 (decision of high court binding on sub ordinate courts)

Article 202 ( rules of procedure )

Article 203 ( high courts to superintend sub ordinate courts)

• Appointment of judges

The chief justice is appointed by the president with the consultant of the chief justice of
Pakistan and other judges are appointed as consultant of chief justice of Pakistan, governor of
the province and the chief justice of the concerned high court.

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 Mention in article 193 ( appointment of high court judges)

Article 194 ( oath of office)

Article 195 ( retiring age)

Article 196 ( acting chief justice)

Article 197 ( additional judges)

• functions of high courts

High courts have major functions: the

▪ it has the power to withdraw any civil and criminal case from trial court and try it
▪ appellant juristic: high court has extensive jurisdiction against decision, judgements,
decrees and sentences passed by civil or criminal courts.
▪ General: high court has the power to make rules regulating its practices, procedures
and subordinate them.
▪ The high court supervises lower courts and its decisions are binding on lower courts.

➢ Federal Shariat court

The federal Shariat court was established in 1980 with the intent to scrutinize all laws which
are against Islamic laws. This has the power to examine any law so that all laws should be
according to the holy Quran and sunnah. The court is consist of not more than 8 judges who
are appointed by the president. One of them shall be chief justice and have 3 ulema not more
than that. The judges of federal Shariat court are chosen from serving or retired judges of the
supreme court or high courts or persons who possess the qualification of judges of high court.
The judges serve terms for 3 years, subject to extension by the president.

Mention in article 203 C ( the federal shariat court)

• Powers of Shariat court

The federal Shariat court has its powers to examine:

▪ Examine all Pakistani laws

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 ▪ If a law found repugnant to the injections of Islam, the court notifies the relevant
government, specifying the reasons for its decisions.
▪ The decisions of this court are binding on the high court and subordinate courts
▪ Appeal against it can be file in the Shariat appellant bench of the supreme court of
Pakistan

Mention in article 203 E ( power and procedure of the court)

Article 203 F ( appeal to supreme court)

Articticle 203 G ( bar of jurisdiction)

Article 203 GG ( decision of court binding on high court and courts subordinate to it)

Article 203 H ( pending proceedings to continue)

Article 203 J ( power to make rules)

➢ Subordinate courts

The subordinated courts are divided into the following:

1. District and session courts

2. Civil and judicial magistrate’s courts
3. Family courts
4. Juvenile courts
5. Arbitration
6. Special tribunals and boards

• District and session court

District courts are available in every district and have civil and criminal jurisdiction. There are
many district and session judges in every headquarters. These judges have executive and
judicial powers over the district and these courts are trial courts for odious offences such as

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 murder, rape and many more. Hearing of criminal cases is in session courts and civil cases are
in district courts.

• Civil and magistrate’s courts

These courts are present in every city and town. A magistrate is with power of section 30 of
cr. p.c. this court only pass 7 years imprisonment and if they think criminal deserve more then
they refer the matter to higher courts. Every magistrate’ court is allocated to local jurisdiction
and they only deal with non-bail offences.

• Family court

this court only deals with family matters.

• Juvenile court

This court deals with the offences of children minimum of 7 years.

• Arbitration

Arbitration is the settlement of disputes by an independent person usually chosen by parties

themselves.

▪ Method of reference to arbitration

o Voluntary agreement
1. By common practice
2. By order of court
3. By nomination of party
o Compulsory agreement
1. Order by high court
2. Order by civil court
3. These agreements are important in Islamic law

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 ➢ Special courts and administrative tribunals

The constitution authorizes the federal legislature to establish the administrative courts and
tribunals dealing with federal subjects. Special courts are also created and mostly these courts
function under the ministry and justice. There are many special courts such as

o Banking courts
o Income tax courts
o Anti-corruption courts
o Custom courts
o Anti-terrorism courts

• Service tribunals

Under article 212 of the constitution, the government is authorized to set up administrative
courts and tribunals for exercising jurisdiction in matters of service of civil servants.
Accordingly services tribunals both at the centre and provincial level have been established
and functioning. The members are appointed by the respective government. Appeal against
the decision of provincial service tribunal and federal service tribunals lie to the supreme court
of Pakistan.

References:

www.slideshare.com

Global legal system and constitutional libretto in Pakistan

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 Prepared by: Saba Kalhoro (19-24 Section C)
Team Head: M Dawar Saif.
Project Head: Maher Ibtisam Elahi.

BEST OF LUCK … !!

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