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1. Judicial Structure of Pakistan
By: Qudratullah yaqubi

2. What is Justice?
: the maintenance or administration of what is just,
especially by the impartial adjustment of conflicting
claims or the assignment of merited rewards or
punishments .
Conformity to truth and reality in expressing opinions
and in conduct;
fair representation of facts respecting merit or demerit;
honesty;
Fidelity (faithfulness to loyalty);
 as, the justice of a description or of a judgment;

3. Judicial System
Noun.judicial system - the system of law courts
that administer justice and constitute the judicial
branch of government.

4. Purpose of Judicial System
The purpose of the legal system is to provide a
system for interpreting and enforcing the laws.
The purpose of a legal system is to provide a
systematic, orderly, and predictable mechanism for
resolving disagreements

5. Functions of Judicial System
In order to do its job, any such system must
perform three closely connected, but nevertheless
distinct, functions:
 adjudication( Arbitration, negotiation),
 legislation,
 and execution.

6. Judicial Function
The judicial function is the core of any legal system.
In its judicial function, a legal system adjudicates
disputes, issuing a decision as to how the
disagreement should be settled.

7. Legislative Function
The purpose of the legislative function is to
determine the rules that will govern the process of
adjudication.
Legislation tells judicial function how to adjudicate.

8. Executive Function
Finally, the purpose of the executive function is to
ensure, first, that the disputing parties submit to
adjudication in the first place, and second, that they
actually comply with the settlement eventually reached
through the judicial process. In its executive function
the legal system may rely on coercive force, voluntary
social sanctions, or some combination of the two.
The executive function gives a legal system its "teeth,"
providing incentives for peaceful behavior; both
domestic law enforcement and national defense fall
under the executive function.

9. Introduction
Pakistan's judicial system stems directly from the
system that was used in British India as on
independence in 1947, the Government of India Act
1935 was retained as a provisional Constitution.
As a consequence, the legal and judicial system of the
British period continued, of course, with due
adaptations and modifications, where necessary, to suit
the requirements of the new Republic.

10. Pakistan is an Islamic republic. Islam is the state
religion, and the Constitution requires that laws be
consistent with Islam

11. Judicial Structure of Pakistan
ORGANISATION AND STRENGTH OF JUDICIAL HIERARCHY.

12. Supreme Court of Pakistan
Structure
1 Chief justice + 16
permanent judges+2
ad-hoc judges

13. Appointment of Supreme Court Judges
The Supreme Court is at the apex of the judicial
systems of Pakistan.
The Chief Justice of Pakistan is appointed by the
President. Other Judges are also appointed by the
President after consultation with the Chief Justice.
A person is eligible to be appointed as a Judge of the
Supreme Court if he is a citizen of Pakistan and has
been a Judge of a High Court for five years or an
advocate of a High Court for fifteen years.
 The Chief Justice and Judges of the Supreme Court
hold office until the age of sixty-five.

14. Functions of Supreme Court
It is the Court of ultimate appeal and therefore final
arbiter of law and the Constitution. Its decisions are
binding on all other courts .
The Supreme Court has the explicit power to block the
exercise of certain Presidential reserve powers. For
example, under Article 58, the President may dismiss the
National Assembly (triggering new elections) but the
dismissal is subject to Supreme Court approval

15. The Court also has the power to overturn presidential
orders and parliamentary legislation by declaring such
orders or laws to be unconstitutional.
The Supreme Court is also a custodian and upholder of
citizens’ rights, liberties and freedoms. The Court has
been given a very significant role of protecting the
Fundamental Rights of citizens. For this purpose under
article 184(3), the Supreme Court is empowered to take
action, if it considers that a question of public importance
with reference to enforcement of any of the Fundamental
Rights conferred by the Constitution is involved.

16. Federal Shariyat Court
The Court consists of 8 Muslim Judges including the
Chief Justice.
Such Judges are appointed by the President from
amongst the serving or retired Judges of the Supreme
Court or a High Court or from amongst persons
possessing the qualifications of a Judge of the High
Court.
Of the 8 Judges, 3 are required to be Ulema who are
well versed in Islamic law.
The Judges hold office for a period of 3 years and the
President may further extend such period. [42]

17. Function
The Court, on its own motion or through petition by a
citizen or a government (Federal or provincial), may
examine and determine as to whether or not a certain
provision of law is repugnant to the Injunctions of
Islam.
Appeal against its decision lies to the Shariat Appellate
Bench of the Supreme Court, consisting of 3 Muslim
Judges of the Supreme Court and not more than 2
Ulema, appointed by the President.

18. High Court
Structure: There is a High Court in each province.
Each High Court consists of a Chief Justice and other
puisne judges.
Appointment: The Chief Justice is appointed by the
President in consultation with the Chief Justice of
Pakistan and other judges, in consultation with the Chief
Justice of Pakistan, Governor of the Province and the
Chief Justice of the concerned High Court. [33]

19. Function:
The Court exercises original jurisdiction in the
enforcement of Fundamental Rights and appellate
jurisdiction in judgments/orders of the subordinate
courts in civil and criminal matters.

20. 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; or
(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

21. A High Court has the power to withdraw any civil or
criminal case from a trial court and try it itself.
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.


22. Sindh High Court
Structure:
1 Chief Justice+27
Judges
Sindh High Court

23. Punjab High Court
1 Chief Justice+ 49
Judges

24. Balochistan High Court
1 Chief Justice+ 8
Judges

25. KPK High Court
1 Chief Justice+ 49
Judges

26. Subordinate Judiciary
CIVIL COURT:
 They are present all the district of a province. It deals civil
material only. The civil courts consist of District Judge,
Additional District Judge and Civil Judge Class I, II & III.
CRIMINAL COURT:
 This court is located in the district of each province. This court
has power to change criminal to death punishment. , the
criminal courts comprise of Session Judge, Additional Session
Judge and Judicial Magistrate Class I, II & III.

27. Alternative Courts/Legal System
Alternative Dispute Resolution (ADR)
Jirga
Biradry System/Panchayat
Nizam e Adal Law (for Malakand and Sawat People)

28. Jirga
An assembly or council, which is more familiar tribal
areas of Pakistan. It is the gathering of people in the
tribes of Baloch and Pathan where the leader and the
head of the tribe decided the problem of the people.
MEANING OF JIRGA:
 Jirga is the word which is taken from the language of
Persian and its meaning is decision, meeting, gathering
or union.

29. The jirga system has no uniform structure,
varying from tribe to tribe, and community to
community.
This can be found throughout Pakistan.
Essentially, there are different appellations to
this system but the ethics and the rulings are the
same.
With the onset of the decentralization process
in Pakistan, the decisions of the jirgas are now
coming through the official authorities, from
the DCOs and who are facilitating and
conducting jirgas.

30. The reason the jigra system continues to
survive is predominantly due to the strong
feudal system present in Pakistan.
 There were attempts to abolish this system but
no political party has been able to break its
strength since the main ruling class continues to
be feudal.
 In many areas, politicians are supporters of
such a system.