judicial system

The judicial system of pakistan

The judicial system generally maintain a steady growth and gradual advance towards consolidation and improvemet,without indeed having to undergo any major disruption or substantial change.

The system experienced and passed through 3 distinct stages of historical development,namely,Hindu Kingdom Muslim Rule and British Colonial Administration.

Muslim period

The Muslim Period in the indian Sub-continent roughly begins in the 11th century.During the perod of muslim rulers,the islamic law generally held the field and remained the law of the land in settling civil and criminal disputes.

These courts had defined jurisdiction in civil,criminal and revenue matters and operated under the authority of the king.The king was the head of judicial administration and he made all appoinments to judicial posts.

All the village level,the hindu system of panchayats was retained.At the town level,there existed courts,Presided over by Qazi-e-Parganah.

British Period

The east india company was authorised by the charter of 1623 to decide the cases of its English employees .The company,therefore,established it own courts.The President and council of the company decided all cases of civil or criminalnature.

Supreme Court

It is the court of ultimate appeal and therefore the final arbiter of law and the constitution.The court consists of a Chief Justice and other judges,appointed by the President.

The number fixed at the moment is chief justice and 16 judges.A human Rights Cell has been established in the court.

High Courts

Each High Court consists of a chief justice and other puisne judges.The strength of Lahore high court is fixed at 60,high court of Sindh at 40,Peshawar High court of at ,high court of Baluchistan at 11 and Islamabad High Court at 7.

Federal Shariat Court

The court consists of 8 Muslims Judges includind the chief justice.For appoinment of chief justice however,the most senior judge of the Fedral Shariat Court is excluded from the composition of the commission.

Judicial Decision Making

Q What is Judicial Decision Making?

Ans:Judicial Decision Making is a formalized process whereby decisions are made by the presiding officers of courts,seized of the settlement of a dispute between two parties.

Judgment

The word "Judgment"we may make a reference to Black's law Dictionary which defines it as the official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination.

Amendments to the constitution of 1973

1-Redefined the boundaries and removed references to East Pakistan.

2-Provide that cheif justice of Supreme court will be retired at the age of 65 and High court Judges at the age of 62 years.

3-Enables the prime Minister to obtain a vote of confidence of the people of Pakistan.

4-Allowed members of parliament to be dismissed if they defect.

5-Bill to impose Shariah law as Supremw law of land ,was never passed

6-For Free and Fair Electiona.

7-For speedy Trial Military court to deal with terrorism.

8-Fixed the interval period between sessiona of the National Assembly ti not exceed 130 days.