The Judicial System of Pakistan by Dr Faqir Hussain
Registrar, Supreme Court of Pakistan
Revised 15th February 2011
The Judicial System of Pakistan
S. No 1 2 General Historical Retrospect 2.1 2.2 2.3 3 4 Hindu Period Muslim Period British Period
Contents
Page No 1 2 2 3 4 6 7 10 13 15 17 17 18 18 19 23 23 24 24 24 28 28 28 28 29 29
Post-Independence Evolution Superior Judiciary 4.1 4.2 4.3 Supreme Court High Courts Federal Shariat Court Subordinate Courts Special Courts and Tribunals 6.1 Service Tribunals
5 6
7 8 9
Procedural Law Terms and Conditions of Service of subordinate Judiciary Organisation and Strength of Judicial Hierarchy 9.1 9.2 9.3 Judges Administrative Staff Administrative Tribunals
10 11
Court Jurisdiction
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The judges were appointed on the basis of their qualifications and scholarship but the choice was mostly restricted to upper caste i.e. Brahmins.
At the village level, tribunals dispensed justice, consisting of the assembly of the village, or the caste or the family1. The village Headman acted as Judge/Magistrate for the community. Decisions by such tribunals were usually through conciliation. The decisions of village/town courts/tribunals were appealable in the higher courts and final appeal lay before the King’s Court. Besides, judgment by the courts, the system of arbitration was also invoked.
As regards the procedure followed in the courts/tribunals, no formal rules existed, as the law applicable was not statutory but customary or moral. The determination of truth and punishment of the wrong-doer was regarded as a religious duty. Civil proceedings commenced with the filing of a claim which was replied to by the opposite party. Both parties were allowed to produce witnesses so as to prove their respective claims. On the conclusion of the trial, decision was pronounced which was duly enforced. It appears thus, that the system of administration of justice, as it operated in ancient India, was not substantially different from
1
Law Commission of India’s 14th Report, 1958, Vol1, p 26
The Judicial System of Pakistan
4 what it is in the modern times. In a sense, the current system seems to be a continuation of the former practices and procedures.
* In the criminal courts a judge and sometimes a jury hears a witnesses testimony and other evidence and decide cases by applying relevant law to the relevant facts. People who are not satisfied with a trial court decision appeal cases to judges in the appellate courts.
Over the time the Supreme Court gained the power. The Judiciary is the system of courts, but it is also a “process”. As the historic circumstances were changing the Judiciary had to adapt too. In the last fifty years there were two judicial revolutions that increased the power of the Court. The first one was in the area of civil rights when the Court liberalized many public policies. In the second revolution the Judiciary
The Ottoman and Mughal empires were two of the greatest and most successful empires to ever form in history. However, they both had some similarities as well as differences. Both empires went through tough periods of time, but at some point they also went through times of growth and prosperity. Although the Ottoman and Mughal Empire both did not force conversions into Islam, the Ottoman’s development relied on their tough military force, while the decline of the Mughal Empire was caused by Aurangzeb’s policy of religious persecution and high taxes.
The Ottoman, Safavid, and Mughals were all explosive realms. The reason for this paper is to thoroughly analyze the contrasts between these domains.
The Courts and Judiciary of the victorian times were stern like today but had a poor system. The Magistrate decided what to do to the accused. If the Magistrate felt there was no case to answer, he could discharge the suspect. If the case was minor, the Magistrate could have the offence ‘summarily’ tried before two other
Describe the role of each of these people in the court. (8 marks, 4 marks each article)
The independence of the judiciary from the executive and legislative is said to kept by things like their fixed salaries and sub judice rule. Their salaries ‘are paid from the Consolidated Fund’ and aren’t fixed or changeable by Parliament or the government which keeps the judiciary free from political pressure in terms of finance. The sub judice rule is where the MPs in the House of Commons are unable to comment on current or pending cases. This keeps the judiciary free from political interference and prevents prejudice against judicial decisions. This rule is followed by
There are a number of differences that draw a distinction between the post-classical civilizations of both India and the Middle East. This distinction is found in the contrasting Muslim rule of both the Ottoman and Mughal Empires. Similar in Turkic origin, both civilizations ran at a similar time period, sharing an interesting history of social relations from 1556 and ending in 1748. The most significant of these distinctions would be in the factor of social structure and gender roles. These differences lie in the factors of origin, the role of women, and social hierarchy.
Each state within the United States of America (USA) has its own unique judicial selection process within its court system. The judicial processes vary from court to court depending on a particular state. This paper analyses these processes, the qualifications for selecting the judges and the steps for removing judges from office, as it applies in the USA states of New York and Texas.
The judiciary system is defined by Article III in the Constitution and Section 2 describes the powers and limitations that court system has. The purpose of the judiciary is to handle interpretations of the laws created by the constitution and any disputes that arises between parties, cases may be brought to the court, the court cannot create cases. There are 3 levels in the court system, which is true for the state judiciary as well as the Federal level. The two lower levels attempt resolve issues while lessoning the burden on the supreme courts. The lowest level of court is the district court aka trial courts,
Through my observations of all three courts, it was plain that all players present in the courtroom were there to administer justice and maintain the equity of our society. By providing a competent and impartial governing body to conduct the trial, but also by doing so: in a timely and thorough manner, while protecting the accused’s inherent rights, and by educating those partaking in the process as well as making educated decisions themselves.
In the United States, the judiciary is a branch of government. Each branch of government have their own duties and responsibilities, accordingly to the United States constitution. The primary purpose of the judicial system is to serve the people by ensuring equal justice under the law. In this way, The Texas judicial system purpose is to interpret and analyze law. It was created and specified by the United States constitution.
This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today.
The history of the nation of India is a long and interesting one but most westernizes lack any true understanding of it. Like any long standing culture there have been good and bad periods in their history but one period has been identified as the "Golden Age of India (Dehejia, 1993)." This period, which lasted over a hundred years (322 BCE 185 BCE), began when an exiled general by the name of Chandragupta Maurya overthrew the reigning king Dhana Nanda. Once Chandragupta Maurya had established his new government in the Eastern area of India he began expanding his power westward across Central and Western India and, in the process, the religions of Hinduism and Buddhism also began to spread throughout India (Avari, 2007).
1. A brief history about the Muslim rules in India from the late 1200 century to 1957 is described here.