LEGAL NOTES – SPRING 2021

Law is a set of rules decided by a particular place or authority meant for the purpose of keeping
the peace and security of society. ... A legal code is a written code of laws that are enforced.
This may deal with things like police, courts, or punishments.

Business law encompasses all of the laws that dictate how to form and run a business. This
includes all of the laws that govern how to start, buy, manage and close or sell any type of
business. Business laws establish the rules that all businesses should follow.

Contract Law: (As per attachment)

Corporate Law: As per Companies, Act 2017.

http://www.na.gov.pk/uploads/documents/1487136261_767.pdf

Public and Private Law:

Public law affects society as a whole and includes administrative law, constitutional law,

criminal law, municipal law and international law. ... Private law, on the other hand, affects
individuals, families, businesses and small groups.

Article 50 of the Constitution provides that the Parliament of Pakistan shall consist of President and the two Houses
known as the National Assembly and the Senate. The National Assembly has an edge over the Senate by legislating
exclusively on money matters. With exception to money Bills, however, both the Houses work together to carryout the
basic work of the Parliament, i.e. law making.

http://na.gov.pk/en/content.php?id=1
FUNCTIONS
The most hectic session coincides with the passage of the Federal Budget in May/June, every
year. The National Assembly enjoys exclusive powers to consider Money Bills including the
annual budget. The National Assembly also provides a minimum of three-fourth of the Cabinet
strength and form the Government. The Prime Minister is, therefore, a member of the National
Assembly who enjoys the support of the majority of the members in the House. The cabinet is
also collectively responsible to the Assembly.

ORDER OF THE DAY

Details of the proceedings of the House on each day are set forth in the order in which they are
to be taken up. The programme is called orders of the day. The Orders of the Day is laid on the
Table of the House and circulated among the Honourable Members at their residents.
Senate of Pakistan is the Upper House of the Parliament. Being the House of the Federation, the
Senate of Pakistan gives equal representation to all the federating units in order to promote national
cohesion and harmony by counterbalancing the numerical disparity among provinces in the National
Assembly. Senate of Pakistan is a permanent House, which symbolizes a process of continuity in
the national affairs. Senate of Pakistan was formed with a principle of 'Chamber of continuity.' In
order to ensure smooth transition of power of lower house and government, this house remains in
place to oversee the process. The matters in federal legislative list can be initiated in any of the
Houses, except money bill, which is sent to the Senate only for recommendations. The term of the
Members of Senate is six years, however, one half of its members retire after every three years.
The Senate of Pakistan is a body which represents the provinces/territories of the country and
promotes a feeling of equality, peace and harmony, which is so essential for the growth and
prosperity of a nation. Thus, the Senate in Pakistan, over the years, has emerged as an essential
organ and a stabilizing factor of the federation.
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 main purpose for the creation of the Senate of Pakistan was to give equal representation to all
the federating units since the membership of the National Assembly was based on the population of
each Province. Equal provincial membership in the Senate, thus, balances the provincial inequality
in the National Assembly and dispels doubts and apprehensions, if any, regarding deprivation and
exploitation.

Senate Election
Senate elections take place in accordance with Article 59 of the Constitution. Each of the four
provincial assemblies shall elect in the next Senate election twenty three members from their
respective provinces that include fourteen on general seats, four on seats reserved for technocrats
including Ulema, four on seats reserved for women and one on seat reserved for non-Muslims. Four
members i.e. two on general seats, one technocrat including Aalim and one woman are elected from
the Federal Capital whereas eight members are elected from the Federally Administrated Tribal
Areas (FATA) in such manner as the President may, by order prescribe.
The Supreme Court of Pakistan is the highest appellate court of the country and
court of last resort. It is the final arbiter of the law and the Constitution. Its
orders/decisions are binding on all other courts in the country. All executive and
judicial authorities are bound to act in aid of the Supreme Court. The Constitution
contains elaborate provisions on the composition, jurisdiction, powers and
functions of the Court. The qualifications for and mode of appointment of judges,
the age of retirement, the grounds and procedure for removal and the terms and
conditions of service of judges are elaborately prescribed.

https://www.supremecourt.gov.pk/about/
history/

Public Law Explained

To simplify things, public law deals with issues that affect the general public or state - society
as a whole. Some of the laws that its wide scope covers are:

 Administrative law - laws that govern government agencies, like the Department of
Education and the Equal Employment Opportunity Commission
 Constitutional laws are laws that protect citizens' rights as afforded in the Constitution
 Criminal laws are laws that relate to crime
 Municipal laws are ordinances, regulations and by-laws that govern a city or town
 International laws are laws that oversee relations between nations

Private Law Explained

Private law affects the rights and obligations of individuals, families, businesses and small
groups and exists to assist citizens in disputes that involve private matters. Its scope is more
specific than public law and covers:

 Contract law - governs the rights and obligations of those entering into contracts
 Tort law - rights, obligations and remedies provided to someone who has been
wronged by another individual
 Property law - governs forms of property ownership, transfer and tenant issues
 Succession law - governs the transfer of an estate between parties
 Family law - governs family-related and domestic-related issues

Definition of the State

In this Part, unless the context otherwise requires, "the State" means the Federal
Government,  15[Majlis-e-Shoora (Parliament)] 15, a Provincial Government, a
Provincial Assembly, and such local or other authorities in Pakistan as are by law
empowered to impose any tax or cess

Fundamental Rights
1. Laws inconsistent with or in derogation of fundamental rights to be void.
2. Security of person.
3. Safeguards as to arrest and detention
4. Right to fair trial:
5. Slavery, forced labour, etc. prohibited
6. Protection against retrospective punishment
7. Protection against double punishment and self incrimination.
8. Inviolability of dignity of man, etc.
9. Freedom of movement, etc.
10.Freedom of assembly.
11.Freedom of association:
12.Freedom of trade, business or profession.
13.Freedom of speech, etc.
14.Right to information:
15. Right to education:

Administration of State:

????

Litigation is the proceeding in courts.

Litigation, meaning “dispute” (litigatio in Latin), is a law concept used to

describe the process of enforcing or defending an entity’s legal rights. 
It is a contested action usually made in front of a judge between two opposing
sides. The one whose right has been violated, the accuser, is legally referred
to as the plaintiff. In contrast, the other who is accused of violating the
plaintiff’s legal rights is called the defendant.
Legal litigation is a general term that involves a wide variety of legal actions
and activities. It includes pre-negotiations such as requesting the approval of
legal letters in hopes of settling the case to avoid trial. Litigation processing
also involves:

 Court hearings
 Arbitrations
  Issuance of restraining orders 
 Temporary custody orders

Litigation is usually resolved in a court trial where a judge makes the final
decision. Court appeals are also a part of litigation proceedings. Although,
settlement can happen anytime during litigation and is often completed before
a full trial begins.

What is the structure of the civil court system?

Civil courts in Pakistan are established under the Civil Courts Ordinance 1962 which has
been adopted, subject to certain modifications, in each of the four provinces and the
Islamabad Capital Territory, and comprises the following hierarchy of courts, in descending
order:

 the court of the district judge;

 the court of the additional district judge; and
 the court of the civil judge.

(Details on https://www.lexology.com/library/detail.aspx?g=8108bcfa-bd6c-
4a89-b2f8-583a5e6e9485)

Difference between Civil Law and Criminal Law:

https://lawshelf.com/coursewarecontentview/civil-law-vs-criminal-law/
#:~:text=In%20case%20of%20criminal%20law,and%20is%20called
%20punitive%20damage.
Act – A Bill passed by the Parliament or the National Assembly and assented to by the President.

Bill – Bill means a motion for making a law.

Ordinance – A law promulgated by the President, when the National Assembly is not in session, in
exercise of the powers vested in him by Article 89 of the Constitution.

http://www.senate.gov.pk/en/messence.php?id=109&cattitle=Glossary

SRO – Statutory Regulatory Order

The federal and provincial tax codes of Pakistan contain numerous exemptions and
concessions while many are added, modified or withdrawn through executive orders, called
statutory regulatory orders (SROs). These exemptions and concessions have not only eroded
the tax base, but have also contributed towards widening the rich-poor divide. These waivers,
concessions and exemptions are depriving the state of revenue worth billions of rupees that is
urgently needed for the ever-increasing needs of the vast majority of population for providing
basic amenities of life, education, medical, housing and transport. The most important and
painful aspect of these SROs is gross violation of the supreme law of the land and judicial
acquiesce about it.

https://fp.brecorder.com/2015/04/201504031168399/

Alternate Judiciary:

Quasi Judicial

‘OMBUDSMAN’ is a Quasi-Judicial method for resolution of dispute arising in society due to mal-
administration of public agencies as well as private under the specific jurisdiction. Pakistan has
a large setup of Ombudsman scheme in this regards .However, it need to know its history, to
understand about Quasi-Judicial method and Mal-Administration.

https://www.uniassignment.com/essay-samples/law/rise-of-quasi-judicial-institutions-law-
constitutional-administrative-essay.php

 Quasi-Judicial belongs to administrative category and is used to cover situation where the
administrator is bound by law to observe certain forms and possibly to hold a public hearing."

Adjudication

By adjudication we mean a legal process of resolving disputes. Through adjudication the law
empowers authorities, to pronounce judgements or pass orders thereby affecting the rights of
people; for example, many administrative actions which affect an individual's rights can be
termed adjudicatory. Generally, the government officials or the empowered authorities are given
the task of deciding disputes which arise between the state organs and individuals. Say for
example, a Commissioner of tax decides tax disputes, and such decisions can be termed
decisions arising out of the process of adjudication.

https://fp.brecorder.com/2015/05/201505281190675/

Ombudsman
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. In some countries
an Inspector General, Citizen Advocate or other official may have duties similar to those of a national
ombudsman, and may also be appointed by the legislature. Below the national level an ombudsman
may be appointed by a state, local or municipal government, and unofficial ombudsmen may be
appointed by, or even work for, a corporation such as a utility supplier or a newspaper, for an NGO,
or for a professional regulatory body.

https://en.wikipedia.org/wiki/Ombudsmen_in_Pakistan

ADR (Alternate Dispute Resolution)

This Act ma-y- bc called the Alternate Dispute Resolulion Act, 20 l7

Alternative Dispute Resolution encompasses a wide array of practices, which are directed towards a
cost-effective and quick resolution of disputes. ADR, as the name suggests, is an alternative to the
traditional process of dispute resolution through courts. It consists of a set of practices and
techniques to resolve disputes outside the courts.

Arbitration is a process for settlement of disputes fairly and equitably through a person or persons or an
institutional body without recourse to litigation by the disputing parties pursuant to an agreement. It
may be ad-hoc, contractual, institutional, or statutory. A neutral third person chosen by the parties to
the dispute settles the disputes between the parties in arbitration. Though it resembles the courtroom
based settlement, it involves less procedure and parties’ choice of arbitrator. It exists with the
established less cumbersome process and it is quite useful in resolving different kinds of disputes
including international commercial disputes. At present, arbitration is the only legally binding and
enforceable alternative to ordinary court proceedings.

Conciliation is a private, informal process in which a neutral third person helps disputing parties to reach
an agreement. It is a process whereby the parties, together with the assistance of the neutral third
person or persons, systematically isolate the issues involved in the dispute, develop options, consider
alternatives and reach a consensual settlement that will accommodate their needs. Usually, the
conciliator in this process would independently investigate the dispute and draft his report indicating
the method of settlement of disputes.

Mediation involves the amicable settlement of disputes between the parties with the help of a
mediator. The task of the mediator is to bring the parties together to the process of amicable settlement
of their disputes. A mediator would influence the parties to cut down their demands with a view to
reaching a mutually acceptable solution. Hence, the mediator plays the role of a facilitator in attaining
cooperation between the parties to the dispute. Mediation lays emphasis on the parties’ own
responsibilities for making decisions that affect their lives instead of a third party judging the fate of
parties to the dispute.

Negotiation closely resembles mediation. However, it is more often referred to as a method wherein the
parties to the dispute themselves would settle their disputes. The negotiation process provides the
parties an opportunity to exchange ideas, identify the irritant points of differences, find a solution, and
get a commitment from each other to reach an agreement.

http://www.na.gov.pk/uploads/documents/1486554463_506.pdf

The judiciary of Pakistan (Urdu: ‫ )پاکستان کی عدلیہ‬is a hierarchical system with two classes of courts:
the superior (or higher) judiciary and the subordinate (or lower) judiciary. The superior judiciary is
composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with
the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a
High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior
judiciary with the obligation to preserve, protect and defend the constitution.[1] Neither the Supreme
Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except
otherwise [2] provided for.[3] The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate
court systems
Supreme Court of Pakistan
Federal Shariat Court of Pakistan
High courts
 Lahore High Court, Lahore, Punjab [10]
 Sindh High Court, Karachi, Sindh [11]
 Peshawar High Court, Peshawar, Khyber Pakhtunkhwa [12]
 Balochistan High Court, Quetta, Baluchistan [13]
 Islamabad High Court, Islamabad, ICT [14]

Subordinate judiciary


o District judiciary

o Civil judge cum judicial magistrates' courts

o Special tribunals and boards

o Family courts

o Juvenile courts

https://en.wikipedia.org/wiki/Judiciary_of_Pakistan

Pakistan is an Islamic federal republic with a multiparty parliamentary system of government largely
based on the UK model pursuant to the 1973 Constitution of Pakistan. Pakistan’s federal legislative
branch consists of the President, the National Assembly as the lower house, and the Senate as the upper
house. The National Assembly and Senate constitute Pakistan’s bicameral Parliament.

The National Assembly has 342 seats, including seats reserved for women and non-Muslims. The
Senate of Pakistan consists of 104 members elected indirectly by the members of the National Assembly
and the members of the provincial assemblies. Members of the National Assembly are elected through a
mixed electoral system, also known as a “parallel system.”

In order for a bill to become law in Pakistan, it must undergo a legislative procedure in each house of
Parliament that involves twelve or thirteen steps, including three readings in both the National Assembly
and the Senate, followed by presidential assent. This procedure is regulated by Pakistan’s Constitution
and the Rules of Procedure of the relevant house.
Legislative Process
In order for a bill to become law in Pakistan, it undergoes a legislative procedure in each house of Parliament. This
procedure is regulated by Pakistan’s Constitution and the Rules of Procedure of the relevant house, and involves
twelve or thirteen steps.[98]  Unless both houses pass a bill and it receives the President’s assent, it cannot become
a law, with the exception of a money bill, “which is the sole prerogative of the National Assembly.”[99]
The steps to passage involve introduction of the bill, a first reading, the select committee stage, a second reading, a
third reading, and presidential assent.  More generally, article 70 of the Constitution provides the following rules on
the introduction and passage of bills:

 (1)     A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is
passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without
amendment, by the other House also, it shall he presented to the President for assent.  
 (2)     If a Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to the House in
which it originated and if that House passes the Bill with those amendments it shall be presented to the President for
assent.  
 (3)     If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its laying in the
House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments,
the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the
votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for
assent.[100]

https://www.loc.gov/law/help/national-parliaments/pakistan.php#:~:text=In%20order%20for%20a
%20bill,Senate%2C%20followed%20by%20presidential%20assent.

Delegated Legislation:

It is true that the main function of the executive is to enforce laws but in certain cases, the power of
making rules is delegated to the various departments of the government.  Delegated legislation is
becoming more and more important in modern times.  Delegated legislation is legislation or law that is
passed otherwise than in Parliament but with the authority of parliament. That authority is given in the
parent Act known as enabling Act which creates the basic framework and the delegates the powers to
the other bodies to make detailed law in that area.

Delegated legislation allows the Government to make changes to a law without needing to push through
a completely new Act of Parliament. The original Act (also known as primary legislation) would have
provisions that allow for future delegated legislation to alter the law to differing degrees.

http://www.vlc.com.pk/English%20Legal%20System%20ELS/ELS%208%20Delegated%20Legislation.pdf

The Court System

There is a Supreme Court in Pakistan and a High Court in each province, and other courts exercising civil
and criminal jurisdiction. The Supreme Court and High Courts have been established under the
Constitution and other Courts have been established by or under the Acts of Parliament or Acts of
Provincial Assemblies.

Supreme Court of Pakistan

Structure: The Supreme Court is at the apex of the judicial systems of Pakistan. It consists of a Chief
Justice known as Chief Justice of Pakistan and such number of other judges as may be determined by the
Act of Parliament. The Chief Justice of Pakistan is appointed by the President. Other Judges are also
appointed by the President after consultation with the Chief Justice.

Jurisdiction: The Supreme Court has original, appellate and advisory jurisdiction.

Original Jurisdiction: The Supreme Court, to the exclusion of every other Court in Pakistan, has the
jurisdiction to pronounce declaratory judgments in any dispute between the Federal Government or a
provincial government or between any two or more provincial governments. The Supreme Court, if it
considers that a question of public importance, with reference to the enforcement of any of the
Fundamental Rights ensured by the Constitution of Pakistan is involved, it has the power to make any
appropriate order for the enforcement of fundamental rights.

Appellate Jurisdiction: The Supreme Court has jurisdiction to hear and determine appeals from
judgments, decrees, final orders or sentences passed by a High Court, the Federal Shariat Court and the
Services Appellate Tribunals. An appeal to the Supreme Court can be made as a matter of right for certain
cases while for the rest the Court hears an appeal with its prior permission.

Advisory Jurisdiction: It, 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 considers the question so referred
and reports its opinion on the question to the President.

Seat of the Supreme Court: The permanent seat of the Supreme Court is at Islamabad, but it also runs
circuits at Lahore, Karachi, Peshawar and Quetta.

Transfer of Cases: The Supreme Court may, if it considers expedient to do so in the interest of justice,
transfer any case, appeal or other proceedings pending before any High Court to any other High Court.

General: The practice and procedure of the Court is regulated by the rules made by the Court. All
executive and judicial authorities throughout Pakistan are required to act in aid of the Supreme Court.
Any decision of the Supreme Court to the extent it decides a question of law or is based upon or
enunciates a principle of law is binding on all courts in Pakistan. The Supreme Court has the power to
review any judgment pronounced by it or any order made by it.

High Courts of Pakistan

There is a High Court in each of the four provinces of Pakistan. The Islamabad Capital Territory falls
within the jurisdiction of the Lahore High Court of the Punjab. A High Court consists of a Chief Justice
and as many other Judges as may be determined by law or as may be fixed by the President.

 
Jurisdiction: A High Court has original and appellate jurisdiction.

Original Jurisdiction: A High Court has, under the Constitution, original jurisdiction to make an order:

(i)        directing a person within the territorial jurisdiction of the Court to refrain from doing anything
he is not permitted by law or to do anything he is required by law;

(ii)      declaring that any act done by a person without lawful authority is of no legal effect;

(iii)    directing that a person in custody be brought before it, so that the court may satisfy itself that he
is not being held unlawfully;

(iv)     giving such directions to any person or authority, for the enforcement of any of the fundamental
rights conferred by the Constitution. Besides the original jurisdiction conferred by the
Constitution, a High Court has original jurisdiction in many other matters conferred by or
under various laws.

Appellate Jurisdiction: A High Court has extensive appellate jurisdiction against the judgments, decisions,
decrees and sentences passed by the civil and criminal courts.

General: A High Court has the power to make rules regulating its practice and procedure and of courts
subordinate to it. Each High Court supervises and controls all courts subordinate to it and any decision of
a High Court binds all courts subordinate to it.

Shariat Court

Federal Shariat Court comprises eight Muslim Judges including the Chief Justice to be appointed by the
President. Of the Judges, four are the persons qualified to be the Judges of the High Courts, while three
are Ulema (scholars well-versed in Islamic Law).

Jurisdiction: Federal Shariat Court has original and appellate jurisdiction.

Original Jurisdiction: The Court may 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. If the Court decides that any law or provision of law is repugnant to the injunctions of
Islam, it sets out the extent to which such law or provision of law is so repugnant, and specifies the day on
which the decision shall take effect. Where any law is held to be repugnant to the injunctions of Islam, the
President in the case of Federal law or the Governor in the case of a Provincial law is required to take
steps to amend the law so as to bring it in conformity with the injunctions of Islam, and such law ceases to
have effect from the specified day.

 
Appellate Jurisdiction: The Court has exclusive jurisdiction to hear appeals from the decision of criminal
courts under any law relating to enforcement of Hudood Law i.e. laws pertaining to offences to
intoxication, theft, Zina (unlawful sexual intercourse) and Qazf (false imputation of Zina).

Civil Courts

In every district of a Province, there is a Court of District Judge which is the principal court of original
jurisdiction in civil matters.

Besides the Court of District Judge, there are courts of Civil Judges. Civil Judges function under the
supervision and control of District Judge and all matters of civil nature originate in the courts of Judges.
The District Judge may, however, withdraw any case from any Civil Judge and try it himself. Appeals
against the judgments and decrees passed by the Civil Judges in cases where the value of the suit does not
exceed the specified amount lie to the District Judge.

Criminal Courts

In every district, there is a Court of Sessions Judge and Courts of Magistrates.

Criminal cases punishable with death and cases arising out of the enforcement of laws relating to Hudood
are tried by Sessions Judges. The Court of a Sessions Judge is competent to pass any sentence authorised
by law. Offences not punishable with death are tried by Magistrates. Among the Magistrates there are
Magistrates of 1st Class, 2nd Class and 3rd Class. An appeal against the sentence passed by a Sessions
Judge lies to the High Court and against the sentence passed by a Magistrate to the Sessions Judge if the
term of sentence is up to four years, otherwise to the High Court.

Special Courts and Tribunals

To deal with specific types of cases, Special Courts and Tribunals are constituted. These are: Special
Courts for Trial of Offences in Banks, Special Courts for Recovery of Bank Loans, Special Courts under the
Customs Act, Special Traffic Courts, Courts of Special Judges Anti-Corruption, Commercial Courts, Drug
Courts, Labour Courts, Insurance Appellate Tribunal, Income Tax Appellate Tribunal, Accountability
Courts, Anti-Terrorism Courts and Services Tribunals. Appeals from the Special Courts lie to the High
Courts, except in case of Labour Courts and Special Traffic Courts, which have separate forums of appeal.

The Ombudsman (Wafaqi Mohtasib)

The Concept Mohtasib (Ombudsman) is an ancient Islamic concept and many Islamic States have
established the office of Mohtasib to ensure that no wrong or injustice is done to the citizens. In the 18th
century, when King Charles XII of Sweden was in exile in Turkey, he observed the working and efficacy of
this institution in the Ottomon Caliphate. On regaining his throne, the King established a similar
institution in Sweden. Gradually, other developed western countries also adopted this institution.

 
Establishment in Pakistan: In Pakistan, the establishment of the institution of Ombudsman was
advocated on several occasions. It was Article 276 of the Interim constitution of 1972, which provided for
the appointment of a Federal Ombudsman as well as Provincial Ombudsmen for the first time.
Subsequently, the Constitution of 1973 included the Federal Ombudsman at item 13 of the Federal
Legislative List in the Fourth Schedule.

The Institution of Ombudsman was, however, actually brought into being through the Establishment of
the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983. The Wafaqi Mohtasib is appointed by the
President of Pakistan and holds office for a period of four years. He is assured of security of tenure and
cannot be removed from office except on ground of misconduct or of physical or mental incapacity.

Jurisdiction: The chief purpose of the Wafaqi Mohtasib is to diagnose, investigate, redress and rectify any
injustice done to a person through maladministration on the part of a Federal Agency or a Federal
Government official. The primary objective of the office is to institutionalise a system for enforcing
administrative accountability.

The term "maladministration" has been defined in the law governing the office of Mohtasib, to cover a
very wide spectrum, encompassing every conceivable form of administrative practice. It includes a
decision, process, recommendation, an act of omission or commission, which:

(a)       is contrary to law, rules or regulations or is a departure from established practice or procedure;

(b)       is perverse, arbitrary or unreasonable, unjust, biased, oppressive or discriminatory or is based

on irrelevant grounds;

(c)       involves the exercise of powers, or the failure, or refusal to do so, for corrupt or improper
motives.

It also includes neglect, inattention, delay, incompetence, inefficiency, ineptitude in the administration, or
in the discharge of duties and responsibilities. The term "Agency" has been defined as a Ministry,
Division, Department, commission, or Office of the Federal Government, or a Statutory corporation, or
any other institution established or controlled by the Federal Government.

Powers: If the Mohtasib finds an element of bad administration in a matter, he can, after investigating
the matter, ask the Agency concerned to consider the matter further, to modify or cancel its decision, to
take disciplinary action against any public servant, to dispose of the cases within a specified time, or to
improve the working of the Agency, or to take any other specified steps. Failure on the part of an Agency
to comply with the Ombudsman's recommendation is treated as "Defiance of Recommendations" which
may lead to reference of the matter to the President of Pakistan, who, in his discretion may direct the
Agency to implement the recommendations.

The Mohtasib is empowered to award compensation to an aggrieved person for any loss or damage
suffered by that person on account of maladministration. But if the complaint is found to be false, or
frivolous, he can also award compensation to the Agency or the functionary against whom the complaint
was made.

Jirga

Jirga, a Persian word, means a gathering, or a consultation. Tribes had recourse to jirga to solve their
multifarious problems and hence it is now common known as the tribal justice system. These problems
covered a broad spectrum of subjects from an informal, community-based body that was meant to settle
small claims, the ‘jirga’, or council of tribal elders, has in Pakistan been allowed to emerge as a powerful
force protecting the interests of the powerful. A recent report by the Human Rights Commission of
Pakistan (HRCP) on jirgas traces their history, citing several published sources according to which a
British officer, Lt Sandeman, introduced this system of resolving disputes among the Baloch tribes,
although it already existed in the Peshawar area.

On April 24, 2004, the Sindh High Court imposed a ban on holding jirgas in the province, but government
functionaries, ranging from chief ministers to union council nazims, continue to participate in these
meetings, according to the list compiled from newspaper reports by the HRCP.

Introduction
Pakistan emerged as an independent State on 14 August 1947. Pakistan is divided into four provinces,
namely, North West Frontier Province (NWFP), Punjab, Sindh and Balochistan. The tribal belt adjoining
NWFP is managed by the Federal Government and is named FATA i.e., Federally Administered Tribal
Areas. Azad Kashmir and Northern Areas have their own respective political and administrative
machinery, yet certain of their subjects are taken care of by the Federal Government through the Ministry
of Kashmir Affairs and Northern Areas. Islamabad is the federal capital. Over 97 per cent of the country's
population is Muslim.

Location
Located in South Asia, Pakistan shares an eastern border with India and north-eastern border with China.
Iran makes up the country’s south-west border, and Afghanistan runs along its western and northern
edge. The Arabian Sea is Pakistan’s southern boundary with 1,064 km of coastline.

The country has a total area of 796,095 sq km and is nearly four times the size of the United Kingdom.
From Gwadar Bay in its south-eastern corner, the country extends more than 1,800 km to the Khunjerab
Pass on China’s border. 

Constitutional Development
Since its creation in 1947 Pakistan has had three constitutions, adopted in 1956, 1962, and 1973. The 1973
constitution was the result of a consensus among the political parties then represented in parliament.

The Constitution of Pakistan 1973 was enacted by the National Assembly on April 10, 1973. The
Constitution was held in abeyance by the Proclamation of Martial Law issued by General M. Zia-ul-Haq
on July 5, 1977. The Revival of the Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985) and
the Constitution (Eighth Amendment) Act, 1985, (XVIII of 1985) brought about major amendments to the
Constitution. The Constitution was revived in 1985 through the Enforcement of Constitution Order on
March 10, 1985

The whole of Pakistan once again came under the control of the Armed Forces of Pakistan on October 12,
1999, by virtue of the Proclamation of Emergency issued by General Pervez Musharraf, Chairman Joint
Chiefs of Staff Committee and Chief of Army Staff, on October 14, 1999. By virtue of the said Proclamation
Pervez Musharraf also assumed the office of Chief Executive of the Islamic Republic of Pakistan.

The Constitution was again held in abeyance by the Provisional Constitution Order No. 1 of 1999, issued
by the Chief Executive on October 14, 1999. However, the said Order provided, in Art. 2 thereof, that
notwithstanding the abeyance of the Constitution, Pakistan shall, subject to the said Order and any other
Order made by the Chief Executive, be governed, as nearly as may be, in accordance with the Constitution.

The Constitution (Seventeenth Amendment) Act, 2003 has now validated and affirmed all the
amendments made in the Constitution by the Legal Framework Order, 2002.

A comprehensive article on the history of the Constitution can be found here.

Constitutional Status of Islamic Law

Article 1 of the 1973 Constitution declares that Pakistan’s official name shall be the Islamic Republic of
Pakistan, and Article 2 declares Islam the state religion. The Objectives Resolution of the preamble of the
Constitution was made a part of its substantive provisions by the insertion of Article 2A in 1985, thereby
requiring all laws to be brought into consonance with the Quran and Sunnah. Chapter 3A establishes the
Federal Shariat Court. Part IX of the Constitution is entitled “Islamic Provisions” and provides for the
eventual Islamization of all existing laws, reaffirming that no laws repugnant to the injunctions of Islam
are to be enacted.

A comprehensive article on the Islamic influence on the provisions of the Constitution can be found here.

Government
Federal Parliamentary System: The Constitution of the Islamic Republic of Pakistan provides for a
Federal Parliamentary System of government, with the President as the Head of State and the popularly
elected Prime Minister as Head of government. The Federal Legislature is a bicameral  Majlis-e-
Shoora (Parliament), composed of the National Assembly and the Senate.

Provinces: Pakistan is divided into four provinces. These are, Balochistan, the North-West Frontier
Province (NWFP), Punjab, and Sindh. Governors are appointed by the President to head each Province.
Each Province has a directly elected Provincial Assembly headed by a Chief Minister. The Provincial
Governments may legislate in certain areas for example health, education, agriculture, municipal
planning and roads.

National Assembly: Members of the National Assembly are elected by universal adult suffrage (over
eighteen years of age in Pakistan). Seats are allocated to each of the four Provinces, the Federally
Administered Tribal Areas, and Islamabad Capital Territory on the basis of population. National
Assembly members serve for the parliamentary term, which is five years, unless they die or resign sooner,
or unless the National Assembly is dissolved. Although the vast majority of the members are Muslim,
about 5 percent of the seats are reserved for minorities, including Christians, Hindus, and Sikhs. Elections
for minority seats are held on the basis of separate electorates at the same time as the polls for Muslim
seats during the general elections.

Senate: The Senate is a permanent legislative body with equal representation from each of the four
Provinces, elected by the members of their respective Provincial Assemblies. There are representatives
from the Federally Administered Tribal Areas and from Islamabad Capital Territory. The Chairman of the
Senate, under the Constitution, is next in line to act as President should the office become vacant and
until such time as a new President can be formally elected.

Prime Minister and Cabinet: The majority of members in the National Assembly nominate a member as
Prime Minister from amongst themselves. That individual is then appointed as Prime Minister by the
President from among the members of the National Assembly. The Prime Minister is assisted by the
Federal Cabinet, a council of ministers whose members are appointed by the President on the advice of
the Prime Minister.

President of Pakistan: The President of Pakistan is Pakistan's Head of State. It is the majority party in the
National Assembly which usually is instrumental in nominating and electing a person as the President. At
various times in history, changes in the Constitution of Pakistan have altered the powers and privileges
associated with the office of the President. At present, Pakistan has a semi-presidential system of
government. (The semi-presidential system is a system of government that features both a prime minister
and a president who are active participants in the day to day functioning of government.)

Process of Law Making

The Constitution sets out the procedure to be followed for promulgating a statute. Broadly, this requires a
Bill to be passed by both Houses of Parliament – the National Assembly and the Senate. Upon a Bill’s
passage through both Houses, it is presented to the President of Pakistan for assent and becomes an Act
of Parliament upon receiving such assent. In the absence of the National Assembly, statutes are
promulgated by the President pursuant to Article 89(1) of the Constitution. Under this Article, the
President may, if satisfied that circumstances exist which render it necessary to take immediate action,
make and promulgate an Ordinance. Such Ordinances have the same force and effect as an Act of
Parliament. A similar power is bestowed upon Provincial Governors by Article 128(1) of the Constitution
in respect of matters falling within provincial legislative authority.

Administration of Law and Justice

The Law and Justice Division is an advisory and consultative body to the Federal Government. There is a
Law Department operating under the supervision and control of the Law and Justice Division in each
province.

The Law and Justice Division is generally called upon, from time to time, to tender advice on various
important and controversial constitutional and legal issues.

 
Legislative Drafting: Drafting of Ordinances and Bills is a major function and responsibility of the Law
and Justice Division which is looked after by the Drafting Wing.

Litigation: The other major function and responsibility of the Division is to look after the litigation on
behalf of the Government of Pakistan.

Administration of the Federal Courts/ Tribunals: The Law and Justice Division is also involved in the
appointment of Law Officers including Attorney General, Deputy Attorney General and Standing Counsel.
It also approves the appointment of legal advisers for which purpose there is a committee comprising the
Attorney General, Law and Justice Minister and the Law and Justice Secretary.

Judicial Academy: The Federal Judicial Academy was set up by the Law and Justice Ministry in
September, 1988 for the adequate training of Judges, Government law officers, police officers and doctors
dealing with medical legal cases.

The Corporate sector of Pakistan (otherwise attributed as the Corporatization; or/ simply referred

to as the Pakistan Inc.) is an elite business sector expanded in financial cities of Pakistan, and a
policy measure programme in the economic period of Pakistan. This programme is also regarded as
"Pakistan Inc.", which is a drive common term used by the mass-media of Pakistan to refer to
the corporate sector of the nation.[1][2][3][4] This policy measure programme was first conceived,
envisioned and implemented then-Finance Minister Ghulam Ishaq Khan and President General Zia-
ul-Haq in order to lay the foundation of Western styled corporate sector. President Zia-ul-Haq issued
the decree, the Companies Ordinance No. 1984, in 1984 that legally allows a variety of formations in
the mixed economy of Pakistan.

Answer 8- (a) The composition of the security and exchange policy board of pakistan includes total
of five member- who all includes-

 the Secretary to the Government of Pakistan, finance division.

 the Secretary to the Government of Pakistan, law division.
 the Secretary to the Government of Pakistan, commerce division.
 the Chairman of the Commission and
 a Deputy Governor of the State Bank of Pakistan
Procedure of the security and exchange policy board includes-

1. The Board shall meet as often as it is neccessary in order to perform the objectives
but not less than four times according to the calender year.
2. The quoram of the meeting of the board shall be four member including the
chairman.
3. Subject to the provision of this act,the procedure and the conduct of business of the
board shall be regulated by the regulation made by the board.
The following are the functions and power of the board- Subject to the provision of this act the board
shall

a- when asked to do with the consultation with the commission advice the federal goverment in all
matter relating to
  the securities industry
 Regulation of company and corporate sector and the protection of interest of investor
 regulation of the insurance sector and the protection of the interest of policy holders.
 measures to encourage self regulation by the stock exchange and NBFIs by
specifying the standard for such self regulatory organisation.
 measures to promote the development of and to regulate the securities market
 Specifying fees and penalties and other such charges chargable by the commission.
 all policy decision including any change in previously established policy ij respect of
all or any matter within jurisdiction of the commission shall be made by the board.
(B) Powers and functions of the commission under securities and exchange commision of pakistan
act, 1997

Powers- The commision may have the following powers-

 The commission shall have all the powers necessary in order to perform its duties
under the act.
 The commission may have regard to its function and to exercise its power efficiently,
organize itself into division, or other sub division as it may consider.
 The commission may from time to time may identify the matter requiring board to
make policy decision and make recommendation regarding policy to the board for its
consideration.
Functions- The commission may have the following functions

 Regulating issues of securities.

 Regulating business stock exchange and any other security market.
 Supervising and monitoring the activities of any central depository and stock
exchange clearing house.
 Registering and regulating the work of stock broker, sub broker, share transfer agent,
banker to an issue, underwriter, portfolio manager and other intermediaries
associated with the stock market
 Conducting research in respect of any matter set out in this subsection.
 Regulating substantial acqusition of shares and the mergers and take overs of
companies,
 Encouraging the organized development of the capital market and of the corporate
sector in pakistan.
 Regulating professional organisation connected with the insurance business.
 Encouraging the organized development of the insurance market in pakistan

4 Types of Companies allowed to be registered:

a. Statutory
b. Chartered
c. Government
d. Registered

http://www.itnaconsultants.com/types-companies-allowed-registered-companies-ordinance-1984/
#:~:text=As%20per%20companies'%20ordinance%2C%201984,companies%20are%20registered%20in
%20Pakistan.
3 different forms of Companies:

a. A company limited by shares.

b. A company limited by guarantee.
c. An unlimited liability company.

Types of Companies Registered in Pakistan

legally
Different types of companies registered in Pakistan (Classification based by
virtue of legal form):

By virtue of legal form companies can be classified into following types:

Statutory Company

The company that is formed under special statue is called statutory company. This
type of company is governed by the ordinance under which this type of company is
created. As in most of other parts of the world there are companies in Pakistan that
are formed under some special statue. In Pakistan one of the most renowned
statutory companies is State Bank of Pakistan. State Bank of Pakistan is a statutory
company and is regulated by the state bank of Pakistan ordinance.

Chartered company

Chartered company is formed under a special charter granted by the head of the
state, or Queen or King in some countries. This type of company normally enjoys
some special rights or privileges over other companies. The Chartered Bank of
England is an example of chartered company.

Government Company

Government company is the type of company in which majority of the shareholding

is controlled by the Government or in other words if 51% or more of the paid up
capital of the company is owned by the Government such type of company is called
Government company. Further a company which is a subsidiary of the Government
company is also called Government company.
Registered Company

A registered company in Pakistan is the company which is registered under the

provisions of the Companies Ordinance, 1984. These companies have different
types which are explained below:

Company Limited by Shares

A company limited by shares is the type of company in which the liability of the
members of the company is limited to the amount   unpaid on the shares if any. In
simple words if company has authorized capital of Rs. 100,000 out of which
members have paid just Rs. 40,000 then in case of any legal action or other dispute
the members of the company are liable to contribute just Rs. 60,000.

  Company Limited by guarantee

A company limited by guarantee is the type of company in which the liability of the
members of the company is limited up to the amount undertaken by members to
contribute in the event of winding up of the company. In simple words the liability
of the members is limited up to the amount guarantee by them.

Unlimited company

Unlimited company is the type of company in which the liability of the members of
the company is unlimited. In simple words if the company is in the course of
winding up then to settle creditors and other claims against the company there is
no limit of contribution and even the personal assets of the members can be
ordered to be taken in custody for the purpose of settlements of winding up of the
company.

Detailed Process of Company Registration in Pakistan:

http://www.itnaconsultants.com/company-registration-in-pakistan/