Judiciary System in Pakistan

1. A Seminar on Pakistan and Their Current
State of Affairs
By Matt Lounton and Jason Oneil

2. Pakistan

3. How Pakistan came to be
• During the 1940’s India was preparing for independence from Britain.
• Due to this Muslim Indians pushed for obtaining their own independent state.
• This became a reality on August 14, 1947 creating The Republic of Pakistan.

4. Pakistan as an Islamic Republic
• Pakistan was proclaimed to be an Islamic Republic in 1956
• Pakistan’s proclamation of being an Islamic Republic is mainly a symbol of
cultural identity as they are a semi secular state where state religion was not
introduced until the 1973 constitution.
• Due to Pakistan being an Islamic Republic technically Islamic laws override laws
of the state but that is not always the case.

5. Government Structure
Part 1 – President
• At the current time Pakistan has a federal parliamentary system with a president
who is the head of state and a prime minister who is elected as head of government
• The president is elected for a 5 year term by an electoral college which consists of
members from the Senate, the National Assembly and Provincial Assemblies.
• The president may be removed from office due to misconduct if two thirds of
parliament members vote in favor of the removal.
• The president mainly acts on advice from the prime minister but also has important
powers of his own such as the ability to dissolve the National Assembly (which is
the lower house of the legislature) when "in his discretion where, in his opinion . . .
a situation has arisen in which the Government of the Federation cannot be carried
on in accordance with the provisions of the Constitution and an appeal to the
electorate is necessary."
• The current president of Pakistan is Pervez Musharraf

6. Government Structure
Part 2 – National Assembly
• The bicameral federal legislature of Pakistan known as the Council of
Advisors consists of the Senate which is the upper house and the National
Assembly which is the lower house.
• Members of the National Assembly are people of the age 21 and over
elected by universal adult suffrage.
• Seats are given to each of the four provinces the Federally Administered
Tribal Areas, and Islamabad Capital Territory on the basis of their current
population. There are a total of 342 seats, 60 seats reserved for women, 10
seats reserved for minorities.
• National Assembly Members serve for a parliamentary term which is 5
years unless they die, resign or the assembly is dissolved.
• The vast majority of the seats have Muslims in them with about 5 percent
reserved for minorities.
• The most important function of the National Assembly is the passage of
bills mostly ones involved with the budgets of different sectors.

7. Government Structure
Part 3 – The Senate
• The Senate is a permanent legislative being which can not be dissolved and has
equal representation from all four provinces elected by their respective provincial
assemblies
• Should the presidential office become vacant the chairman of the senate is the next
in line to act as president until a new one can be formally elected.
• Both the Senate and the National Assembly can initiate and pass legislation except
for the finance bills of Pakistan which only the National Assembly can approve.
• Bills can be prevented by the president unless he is overruled by the majority of
members by both houses.

8. Government Structure
Part 4 – Provincial Government
• Each of the four provinces of Pakistan Punjab, Sindh, Northwest Frontier, and
Balochistan has a governor, a Council of Ministers headed by a chief minister
appointed by the governor, and a provincial assembly.
• Members are elected by universal adult suffrage and have reserved seats for
different minorities.
• Most of the services in areas such as health, education, agriculture, and roads are
provided by the provincial government though the federal government may also be
involved in these areas they only handle the international aspect of those services.

9. Government Structure
Part 5 – Judicial System
• The Judicial System includes the Supreme Court, provincial high courts and other
lesser courts involved with civil and criminal jurisdiction. The chief justice of the
Supreme Court is appointed by the president and the other Supreme Court judges
are appointed by the president after consultation with the chief justice.
• The chief justice and judges of the Supreme Court may remain in office until age
sixty-five.
• Provincial high court judges are appointed by the president as well after
consultation with the chief justice as well as the governor of the province and the
chief justice of the provincial high court to which the appointment is being made.
• There are also special courts and tribunals which are used for anything from drug
convictions to trying terrorists.

10. Pervez Musharraf
• Pervez Musharraf is the current President of Pakistan and former Chief of Army
Staff of the Pakistan Army.
• Musharraf came to power on October 12, 1999 by means of a bloodless military
coup ousting Nawaz Sharif the elected prime minister and dissolving the National
and Provincial Assemblies, while also declaring martial law and assuming the title
of Chief Executive and became the head of government.
• Later on in 2001 Musharraf appointed himself President officially.
• He currently retains the title of President and formerly Chief of Army which raisesd
alot of debate from those who believe a President should not be part of the military
at the same time and with such a high ranking position.

11. State of Emergency
• Here is a video of President Pervez Musharraf defending his declaration of the state
of emergency on November 3, 2007
• http://youtube.com/watch?v=ya86zLFxHrs&feature=related
• Here is another video taking into accounts the reactions of Pakistani people towards
the state of emergency
• http://youtube.com/watch?v=tRvKzQz-x7c

12. Present Day Pakistan
• On the third of November 2007 President Pervez Musharraf declared a state of
emergency and the constitution was suspended. The army entered the Supreme
Court and detained the Chief Justice. A media blackout is also under way in
Pakistan.
• By November fifth 3,400 people had been arrested most being lawyers, civil right
leaders and liberal political party members.
• Musharraf compares his declaration of emergency to that of when US president
Abraham Lincoln suspended certain rights during the American Civil War for the
good of the country.

13. Media Black out

14. Current Day Affairs
• Musharraf says the State of Emergency will end in late November or early
December.
• Nawaz Sharif former prime minister of Pakistan who was exiled after the coup
d’etat Musharraf orchestrated finally returned to Pakistan on November 24th
2007
from Saudi Arabia due to pressure the Saudi Arabian government put on
Musharraf.
• Elections have been promised to begin in January as scheduled by his regime.
• The 3,400 plus people who have been arrested since the State of Emergency began
have been begun to be released.
• Former Prime Minister Bhutto who was under house arrested due to wanting to
participate in rallies against Musharraf is now allowed to leave her home and attend
rallies.

15. Questions
• Do you feel that the state of emergency was justified
by Musharraf?
• Do you believe that Musharraf should have been
allowed to retain his military position and presidential
position at the same time?
• In your opinion was it okay for Musharraf to suspend
the constitution?
• Also do you feel that Musharraf should have been
allowed to impose a media black out

16. To Be ContinuedTo Be Continued