Adaptation of Anglo Indian law in Pakistan

1. INTRODUCTION TO PAKISTANI
LEGAL SYSTEM
(Adaptation of Anglo-Indian Law in
Pakistan)
Muhammad Hassan Ali
4447-FSL/LLB/F15
Faculty of Shariah & Law IIU Islamabad

2. CONTENTS
Evolution
1. Evolution of English laws in British India
2. Codification of laws
3. English doctrine of precedent
Adaptation
1. Adaptation of Anglo-Indian Law in Pakistan
2. Continuation of existing laws by Constitutions of Pakistan
3. Continuation of existing laws in periods of Martial Laws
Islamlization
1. Islamlization of Laws
2. Objectives Resolution

3. EVOLUTION OF ENGLISH LAWS IN BRITISH
INDIA
Under the East India Company (1600 — 1857):
• The Regulations of 1793 modified the law applicable to Muslims and Hindus.
• In 1793, the laws applicable to both the communities were ‘Mohammadan Law’ for the
Muslims and 'Hindu Law' for the Hindus.
• Company's Courts were administering Muslim and Hindu Law with the help of Muftis
and pundits.
• in 1687, The Mayor's Court in Madras held that all causes shall be adjudged
according to 'equity and good conscience.'
• The Same was reasserted in the Charter Of 1726 and later Charters and Acts.
• in 1886, The Privy Council held that the 'justice, equity and good conscience' implied
the application of English law, if found applicable to Indian society and
circumstances"

4. CODIFICATION OF LAWS
• Codification of laws felt after 1857 when the Company was replaced by the Crown.
• The Code of Civil Procedure was first enacted by the Indian Legislature in 1859 and amended three times
in 1860, 1861 and 1874.
• The second time it was enacted which was also amended in 1882, 1888, 1892, 1894 and finally in 1895.
• The present The Code of Civil Procedure was enacted in year 1908.
• The Limitation Act was first enacted in 1859 and the present Limitation Act was enacted in the year 1860.
• Indian penal Code came in 1860 and enforced on 1st Of January 1862.
• A General Criminal Procedure Code in 1861 replaced various Acts of procedure.
• The 1861 Act was replaced by the Act of 1872 which in turn was replaced by a uniform law of criminal
procedure for the whole subcontinent in 1882.
• This last Act Was supplemented by a new code in 1898.
• The Evidence Act and the Contract Act were enacted in 1872 while the Indian Companies Act came in
1866.

5. ENGLISH DOCTRINE OF PRECEDENT
• English doctrine of precedent was the most important factor in shaping the sources of law in
India and Pakistan.
• The tradition of legal profession had taken birth and the resultant law was the Anglo — Indian
Law of the subcontinent and Anglo-Mohammedan law instead of Islamic law.
• Pakistan had inherited this Anglo-Indian law as its substantial body of law along with the
Anglo-Mohammedan Law.
• Judge was bound by a previous decision, there was no place for the Muslim muftis and jurist in
judicial process. Subsequently, they disappeared from the legal and intellectual life of the jural
community.
• The Anglo-Muhammadan law was enshrined in a doctrine of binding precedent.
• Privy Council came under fire on the floor of the then legislative council.
• Muhammad Ali Jinnah criticized as: "The Privy Council have on several occasions absolutely
murdered Hindu and slaughtered Mohammadan law."

6. ADAPTATION OF ANGLO-INDIAN LAW IN
PAKISTAN
Pakistan Adapted the Anglo-Indian law by:
• Section 18(3) of the Indian independence Act, 1947 was enacted by the
British Parliament, which provided that the law of British Indian shall be
applicable with the necessary adaptations to both dominions.
• The Pakistan Adaptation of Existing Laws Order 1947
• The Adaptation of Central Acts and Ordinances order 1949.

7. CONTINUATION OF EXISTING LAWS BY
CONSTITUTIONS OF PAKISTAN
• The Constitution of Pakistani 1956: Article 224(a)
• The Constitution of Pakistani 1962: Article 225(1)
• The Interim Constitution of Pakistani 1972: Article 280(1)
• The Constitution of Pakistani 1973: Article 268(1)

8. CONTINUATION OF EXISTING LAWS IN
PERIODS OF MARTIAL LAWS
Continuation of existing laws also applies to periods of Martial Laws,
each of which was governed by a Laws (Continuance in Force) Order Or
something similar. Such laws were promulgated in 1958, 1969, 1977 and
1999 and provided for the continuation of law during the Martial Law
period.

9. ISLAMLIZATION OF LAWS
• The main bulk of Anglo-Indian law is still applicable in Pakistan.
• Pakistani law also includes Islamic law, comprising the injunctions of
Islam as laid down in the Holy Qur'an and the Sunnah.
• Section 3(1) the Enforcement of Shariah Act, 1991 has declared the
Holy Qur'an and the Sunnah as the supreme law of the country.
• The Federal Sharait Court has jurisdiction to decide whether any law is
repugnant to the injunctions of Islam.
• The Shariat Appellate Bench of the Supreme Court has power to
invalidate statutory laws on the grounds of inconsistency with or
violation of the injunctions Of Islam.

10. OBJECTIVES RESOLUTION
• The Hakim Khan Case has put an end to the debate:
Whether Article 2A is a supra-Constitutional provision?
Whether it has conferred jurisdiction on the courts to examine validity of
all laws in force in Pakistan in the light of the injunctions Of Islam?
• The Supreme Court decided that:
The Objectives Resolution was not a supra-Constitutional norm.
Questions as to whether other constitutional provisions are in
accordance with the injunctions Of Islam have to be resolved by
Parliament and not by the courts.

11. THANK YOU