- An overview of Pakistan’s legal system
- Historical and Islamic impact on the judiciary
1. Historical Background.
- In 1947, Pakistan was established.
- Partition of India and formation of Pakistan, with initial government under the Government of India Act 1935 and the 1949 Objective Resolution.
- Constitutional Foundation
- Emphasis on democracy, social justice, and Islamic beliefs.
- Constitutional advancements
- 1956 Constitution: Federalism and Parliamentary Democracy
- The 1962 Constitution established a new legal framework, which was later repealed. The 1973 Constitution established a democratic framework, guaranteed fundamental rights, and addressed military rule interruptions.
2. The judicial structure
- Superior judiciary
- The judiciary in Pakistan consists of the Supreme Court, the Federal Shariat Court, high courts in provinces and Islamabad, and district judges.
- Civil and Criminal Courts
- High Courts oversee administrative and special courts.
- Created under particular legislation for specialized issues.
3. Appointments in the judiciary
- Pre-18th Amendment System
- The appointment procedure involves both provincial Chief Justices and the President under the post-18th Amendment system.
- Introduction of the Judicial Commission (Article 175A)
- Composition: Chief Justice of Pakistan, senior judges, Federal Minister for Law, Attorney General, and senior advocates.
- Role of the Parliamentary Committee in appointments
4. Review by the judiciary.
- Supreme Court
- High Courts have broad judicial review powers over matters of public significance and basic rights.
- Limited judicial review under particular conditions.
5. Historical Issues
- Military Interventions
- Constitutions are frequently interrupted and abrogated
- Judicial Movements
- Lawyers’ Movement (2007-2009) and the Restoration of Judiciary
6. The Principles of Islamic Justice
- Quranic injunctions
- emphasis on fairness, equality, and the protection of human life.
- Key lessons in justice and dispute resolution
- Alternative Dispute Resolution (ADR)
- Support for reconciliation and fair dispute resolution
7. Honoring All Religions
Respect for Islam’s precepts and the Constitution’s guarantees of personal freedom
safeguarding religious sites and customs.
To sum up
A synopsis of Pakistan’s legal system continuous attempts to conform to Islamic and democratic norms dedication to equity, justice, and respect for every person.