Submitted To:

Dr. Samza Fatima

Submitted By:
Bilal Ahmad
Roll Number:
47
Section:
B
Semester:
1st
Course:
Introdution of Law

Gillani Law College,

Bahauddin Zakariya University,
Multan.
Topic:

The Judicial System of Pakistan: Structure, Functioning, and Legal

Framework

I. Introduction
The judicial system of Pakistan serves as a critical pillar of democracy, ensuring the rule of
law and the protection of fundamental rights. Originating from a blend of constitutional,
statutory, and Islamic law, this system has evolved significantly since the country’s
independence in 1947. The need for law arises from society’s requirement for order and
justice, providing mechanisms for conflict resolution and safeguarding individual rights. This
assignment will explore the evolution of law in Pakistan, the structure of its judicial system,
including the Supreme Court, High Courts, and lower courts, and the appointment process for
judges. A critical analysis will also be provided, focusing on challenges faced by the judiciary
in delivering justice and the ongoing reforms necessary to enhance its effectiveness.

II. Need and Origin of Law

Law is fundamentally defined as a set of rules and standards that govern behavior within a
society. The primary purpose of law is to maintain order, protect individual rights, and
resolve disputes amicably. Historically, the origin of law can be traced back to ancient
civilizations, where customary practices and societal norms formed the basis of legal systems.
Over time, codified laws emerged, and modern legal frameworks began to take shape.

In Pakistan, the legal framework derives from several key sources. The Constitution of
Pakistan, enacted in 1973, serves as the supreme law of the land, following the British
common law system and infused with Islamic principles. Statutory law, enacted by the
Parliament, plays a significant role in shaping the legal landscape, while customary law
reflects the local traditions and customs prevalent in various regions.

Islamic law, or Sharia law, significantly influences the legal system, particularly in personal
matters such as marriage, divorce, and inheritance. The necessity for law in Pakistan arises
from its multi-ethnic society, the need for social harmony, and the protection of individual
rights amidst diverse cultural practices. Hence, a comprehensive legal system is essential to
ensure justice and fairness for all citizens.

III. Judicial System of Pakistan

The judicial system of Pakistan is hierarchical in structure, comprising several levels of
courts designed to ensure justice and protect citizens' rights. The apex of this judicial
hierarchy is the Supreme Court, followed by High Courts in each province, and various lower
courts, including District Courts and specialized courts.
The judiciary's primary role is to interpret laws, adjudicate disputes, and uphold the
Constitution. This is critical in a diverse nation where differing interpretations of law can lead
to social discord. The judiciary also plays a vital role in protecting fundamental rights and
ensuring that justice is accessible to all.

Judicial independence is a cornerstone of the legal system, enabling judges to make decisions
free from political pressures. However, Pakistan's judiciary has faced numerous challenges,
including allegations of corruption and political interference, which undermine its credibility.
To enhance the efficacy of the judicial system, reforms are essential, aimed at promoting
transparency and accountability within the judiciary.

IV. Supreme Court

The Supreme Court of Pakistan is the highest court in the country, established under Article
175 of the Constitution. It comprises the Chief Justice and a specified number of judges,
currently set at a maximum of 17. The appointment of judges is made by the President of
Pakistan based on recommendations from the Judicial Commission, ensuring a process that
emphasizes merit and legal proficiency.

The Supreme Court holds extensive jurisdiction, including appellate, original, and
constitutional jurisdiction. As the final court of appeal, it addresses cases that involve
significant legal issues or controversies, particularly those affecting fundamental rights. Its
decisions are binding on all other courts in Pakistan, thus setting important legal precedents.

Several landmark judgments have shaped Pakistan's legal landscape, including the historic
case of Zafar Ali Shah v. General Pervez Musharraf, which reaffirmed the supremacy of the
Constitution. The court also plays a crucial role in interpreting constitutional provisions, such
as in the cases related to the 18th Amendment, which impacted provincial autonomy.

As a protector of constitutionalism, the Supreme Court faces the challenge of maintaining its
independence and authority amid political pressures. Its effective operation is essential for
upholding the rule of law and fostering public confidence in the legal system.

V. High Court
High Courts are established in each province and serve as appellate courts, hearing appeals
from lower courts. They play a critical role in the judicial hierarchy, primarily handling cases
related to civil, criminal, and constitutional matters. Each High Court comprises a Chief
Justice and an appropriate number of judges, appointed through a similar process to that of
the Supreme Court.

One of the significant functions of the High Court is its power of judicial review, allowing it
to invalidate legislation or executive actions that violate the Constitution. This authority
reinforces the rule of law and provides a check on the powers of the executive and legislative
branches.
High Courts also have original jurisdiction in specific cases, including constitutional
petitions. In recent years, they have taken proactive steps to protect citizens' rights,
exemplified by their rulings on environmental issues and fundamental freedoms.

Despite its crucial role, the High Court faces challenges such as case backlogs and delays in
justice delivery, which can undermine public trust. Ongoing reforms aiming to expedite case
management and enhance judicial capacity are essential for improving its effectiveness and
ensuring access to justice for all citizens.

VI. Lower Courts

Lower courts in Pakistan include District Courts, Sessions Courts, and Family Courts. These
courts serve as the fundamental pillars of the judicial system, handling a majority of civil and
criminal cases and directly influencing the lives of ordinary citizens.

District Courts are the primary general jurisdiction courts, dealing with various cases, from
minor civil disputes to serious criminal offenses. Sessions Courts, on the other hand,
exclusively handle serious criminal cases, including murder and theft, while Family Courts
address matters related to marriage, divorce, and custody.

The role of lower courts is crucial, as they provide access to justice for the general populace.
However, these courts face numerous challenges, including case backlogs, inadequate
infrastructure, and insufficient funding. These issues often lead to delays in justice, which can
erode public confidence in the legal system.

To mitigate these challenges, reforms are necessary. Proposed reforms include increasing
judicial resources, enhancing training for judges and staff, and implementing alternative
dispute resolution mechanisms to reduce caseloads and expedite justice.

VII. Civil Court

Civil Courts are responsible for adjudicating non-criminal disputes, which encompass a wide
range of issues, including contracts, property, torts, and family matters. Civil litigation can
involve individuals, organizations, or government entities, and the outcomes often have
significant implications for the parties involved.

The procedures followed in Civil Courts typically include the filing of pleadings, presentation
of evidence, and witness testimony, culminating in a judgment delivered by the presiding
judge. Civil Courts aim to uphold the principles of fairness and justice while providing a
mechanism for parties to seek redress for grievances.

However, challenges persist within the civil justice system. Lengthy procedures, high
litigation costs, and a lack of awareness about legal rights often deter individuals from
pursuing legitimate claims. Reforms are needed to enhance the efficiency of civil litigation,
such as streamlining procedures, promoting alternative dispute resolution methods, and
ensuring the availability of legal aid for underprivileged individuals.

Efforts to increase public awareness about civil rights and the judicial process are also
essential. By addressing these challenges, the civil court system can better serve the needs of
Pakistan's diverse population and contribute to greater access to justice for all.

VIII. Appointment of Judges According to Law of Pakistan

The appointment of judges in Pakistan is governed by the Constitution and various legal
provisions. Article 175 of the Constitution establishes the framework for the judiciary,
stipulating the need for an independent judicial system. The process involves the Judicial
Commission, which is responsible for recommending candidates for appointment to the
Supreme Court and High Courts.

The Commission comprises key figures, including the Chief Justice, the Law Minister, and
representatives of the legal community. The President of Pakistan formally appoints judges
based on these recommendations. This process aims to ensure that appointments are made
based on merit, legal expertise, and integrity.

Criteria for judicial appointments include qualifications such as legal experience, a clean
record, and contributions to the legal profession. However, challenges remain, including
allegations of political influence in judicial appointments and concerns regarding
transparency.

Reforms aimed at enhancing transparency and accountability in the appointment process are
crucial. Implementing a more public and systematic approach to judicial appointments can
improve public trust in the judiciary and reinforce the rule of law in Pakistan.

IX. 26th Constitutional Amendment in Pakistan's judicial system

The 26th Constitutional Amendment, passed in October 2024, brought significant changes to
Pakistan's judicial system. One of the major shifts is the introduction of a parliamentary role
in appointing the Chief Justice of Pakistan. The new process involves a parliamentary
committee selecting the Chief Justice from among the three most senior Supreme Court
judges, subject to approval by the Prime Minister and the President. This amendment departs
from the previous practice where the most senior judge automatically assumed the position.
The Chief Justice will now serve a three-year term.

Other changes include the establishment of Constitutional Benches to handle constitutional

cases, limiting the judiciary's power by removing its suo motu authority (where courts could
initiate cases on their own). High courts have also been restricted in a similar manner.
Additionally, the amendment introduces performance evaluations for High Court judges,
which could lead to disciplinary action for underperformance.

These reforms have sparked concerns about judicial independence, with critics arguing that
increased parliamentary influence may compromise the judiciary's autonomy. Proponents,
however, view the changes as steps toward a more balanced power distribution among the
branches of government, enhancing accountability and democratic oversight.