Judiciary|System of Courts|Structure and Power|Pakistan|sania akhtar

#Judiciary

#System of Courts

#Structure and Power

#Pakistan

#sania akhtar

Judiciary is the third and most powerful Pillar of the government in Pakistan. Judiciary is an organized structure of courts that is hierarchical arranged. 

 The main function of judiciary is to maintain Pease, order and settle the disputes at different levels. 

Structure: 

As there is a federal system of government, the structure of judiciary of Pakistan is hierarchal like 

 Supreme court (The superior court at the apex. It contains the Chief Justice and 16 other judges). 

 Federal Shariat court

(Established in 1980, consists of 8 Muslim Judges and constitutional court that determine whether the existing law is accordance to Quran and Sunnah). 

High courts (Principal court for its province and, Five High court based on the capital of the province like Lahore High Court, Peshawar High court, Sindh High court, Baluchistan High court and Islamabad High court, there is also an Azad Kashmir High court). 

 Districts courts (Courts for different districts in each province along with civil and criminal jurisdiction and are controlled by High courts). 

Special courts (Established to deal with special matters like labor court, family court, Rent tribunal and anti-terrorisms). 

Judiciary of Pakistan does not exercise its jurisdiction in tribal and disputed areas.  Baluchistan is not the part of Pakistan, but its administrative tasks are performed by the government of Pakistan as it is a part of the governmental map of Pakistan. There is a separate Supreme Appellate Court of Baluchistan. 

Tenure of Judges: 

Supreme Court’s Judges served till the age of 65 unless they retired or removed from their job by a constitutional method. 

Judges of Federal Sharit court retained their office for a 3-year term. 

Judges of the High court retained their office till the age of 62. 

Judicial Commission of Pakistan: 

It is a commission that is organized for the appointment of judges of the Supreme Court and the High Courts.

It contains members including Chief Justice of Pakistan, four senior judges of Supreme court, Former Chief Justice, four serving judges of Supreme Court Aforementioned, the Attorney Journal of Pakistan, the Federal Minister for Law and one senior advocate form Pakistan Bar Council. 

Supreme Judicial Council: 

It is an organized body of judges. Article 209 of the constitution empowers them to hear cases of misconduct against judges. Through the Parliament Act of 1997, the number of judges in the Supreme Judicial Council is 17. 

Power of Judiciary in Pakistan: 

The judiciary has the power to interpret the laws and check the constitutional validity of law. The Federal Shariat courts keep an eye on whether the laws are violating the rule of Islam and shariah. 

The constitution of Pakistan has entrusted Judiciary the power to preserve and protect the constitution. 

Judicial Review: 

Judicial reviews the power of judges of supreme court and High courts to declare any Legislation and administrative order null and void if they are contradictory to constitution. All federal state includes Pakistan enjoy the power of Judicial review.   

There are many Examples of judicial review by the Judges of supreme court in Pakistan. 

Recently , Five Judges Pannel of the supreme court under the supervision of Chief Justice Umar Ata Bandial had declared null and void the ruling of the Deputy Speaker of the Pakistan’s National Assembly during the reign of Imran khan because it was against the constitution and passed a judgment (ordered the speaker of Parliament to hold the session of National Assembly to vote on the Vote of No-Confidence and if opposition win, then there would be voting for the New PM). 

Again, another example of Judicial review was to declare the ruling of deputy Speaker Punjab Assembly illegal and announced the PMLQ’s Pervez Elahi, as new Chief Minister of Punjab. 

Conclusion:

 In Pakistan the Judiciary is independent to some extent and judiciary also involved in administrative matter if they violate the constitution as judiciary is the custodian of the Constitution. 

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