About judicial system

1. SALMAN ZAFAR
EMBA ROLL #27

2. Judiciary
 The system of courts that interprets and
applies the law in the name of the State
 Doctrine of the separation of powers
 The judiciary generally does not make law
or enforce law but rather interprets law
and applies it to the facts of each case

3. Court System in Pakistan
Court system of Pakistan is made up of many
courts differing in levels of legal superiority
and separated by jurisdiction. Some of the
courts are federal in nature while others are
provincial

4. Structure of Courts in Pakistan
Supreme Court of Pakistan Federal Shariat Court
High Courts
Court of District and Sessions Judge
Civil Courts Magistrates

5. The Supreme Court of Pakistan
 Constitutional Court – Art. 175 of the Constitution
 The apex court in Pakistan's judicial hierarchy
 A permanent seat in Islamabad
 Branch Registries in the provincial capitals of Lahore,
Peshawer, Quetta and Karachi
 Jurisdiction
 Original
 Appellate
 Advisory

6. Federal Shariat Court
 Constitutional Court – Art. 203 (8th Amendment,
1980)
 Not more than 8 Muslim Judges including the C.J
 Power to examine and determine as to whether or not a
certain provision of law is repugnant to the injunctions
of Islam
 Appeal against its decisions lie to the Shariat Appellate
Bench of the Supreme Court, consisting of 3 Muslim
judges of the Supreme Court and 2 Ulema, appointed
by the President

7. High Courts
 Constitutional Courts – Art. 175
 Islamabad High Court - through 18th Amendment, 2010
 Jurisdiction
 Original
 Writ Jurisdiction
 Mandamus
 Prohibition
 Habeas Corpus
 Certiorari
 Appellate

8. Appointment of Judges
 19th Amendment, 2010
 Judicial Commission and Parliamentary Committee were
established for appointments. The Judicial Commission
consists of a total of 9 members: the Chief Justice of
Pakistan, 4 senior judges of the Supreme Court, a former
Chief Justice or judge of the Supreme Court nominated by
the serving Chief Justice in consultation with the 4 serving
judges of the Supreme Court aforementioned, the Attorney
General of Pakistan, the Federal Minister for Law and
Justice and, 1 senior advocate nominated by the Pakistan
Bar Council

9. Lower Courts
 STATUTORY COURTS
 Powers and Jurisdiction
 Court of District & Sessions Judge
 Civil Courts
 Magistrates

10. Special Courts/ Tribunals
Special Courts/Tribunals include:
 Family Courts (Family Courts Act, 1964)
 Juvenile Courts
 Banking Courts
 Custom Courts
 Drug Courts
 Income Tax Tribunals
 Anti Narcotics Courts
 Labor Court
 Consumer Courts

11. Appointment of the Judges of
Lower Courts
 Court of District & Sessions Judge
 Powers and Jurisdiction
 Additional District & Sessions Judges are appointed by
the Provincial High Courts from a pool of Lawyers and
subordinate judges
 To be eligible for appointment, Lawyers must have 10
years' experience as an advocate with good standing in
the respective jurisdiction. They must also pass an
examination conducted by the High Courts.
Subordinate judges are promoted from senior civil
judges on a seniority basis

12. Appointment of Civil Judges/Magistrates
 Appointed by the Provincial High Courts on the
recommendation of provincial Public Service
Commissions. These Commissions hold open
competitive exams annually, which are advertised in
national newspapers
 The basic qualifications required are an LL.B from any
recognized university and 2 years' experience as an
advocate