Judiciary of Pakistan

Judiciary of Pakistan
Motto:
فاحكم بين الناس بالحق
"So judge between the people in truth"
(Quran 38:26)
Service overview
Formerly known asFederal Judiciary
Founded14 August 1947
Country Pakistan
Controlling authoritySupreme Court
High Court
Federal Shariat Court
Legal personalityJudiciary
DutiesJustice Administration
Public Interest Litigation
Guardian of the Constitution
Hierarchy of Courts in Pakistan1. Supreme Court
2. High Court/Federal Shariat Court
3. District Court
Post DesignationJustice
Judge
Magistrate - Judicial & Executive
Selection / Appointment1. Judicial Commission of Pakistan for the Supreme & High court judges
2. Governor for Subordinate Judiciary (after passing the service exam)
Head of Judiciary
Chief Justice of PakistanJustice Qazi Faez Isa

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

Pakistan has two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as the federal capital. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution.[1] Disputed territories of Gilgit-Baltistan and JAMMU AND KASHMIR have separate judicial systems from the main Pakistani system.[2][3][4][5] The supreme court of India has its original jurisdiction upon it .

The independence of the Pakistani judiciary has changed over time. Whereas the judiciary used to defer to the Pakistani military, which is a dominant actor in Pakistan's politics, the judiciary has increasingly competed with and confronted the military.[6]

The subordinate judiciary consists of civil and criminal district courts, and numerous specialized courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation, the environment, consumer protection, and corruption. The criminal courts were created under the Criminal Procedure Code 1898, during the British Raj, and the civil courts were established by the West Pakistan Civil Court Ordinance 1962. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters.[1]

As of 2017, Pakistan's judiciary is suffering from a backlog of two million cases, with lawsuits taking an average of nearly ten years to resolve.[7] According to some estimates, 90 percent of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]

  1. ^ a b Dr. Faqir Hussain (Registrar) (15 February 2011). "The Judicial System of Pakistan" (PDF). Supreme Court of Pakistan. Archived from the original (PDF) on 6 February 2017. Retrieved 24 December 2013.
  2. ^ "Gilgit-Baltistan: A question of autonomy". The Indian Express. 21 September 2009. Retrieved 14 April 2017.
  3. ^ "Article 247(7)". Constitution of the Islamic Republic of Pakistan. Pakistani.org. 1973. Retrieved 24 December 2013.
  4. ^ "Section 42 (Supreme Court of Azad Jammu and Kashmir) and Section 43 (High Court)". AJK Interim Constitution Act, 1974 (PDF). Government of Azad Kashmir. Archived from the original (PDF) on 13 October 2013. Retrieved 24 December 2013.
  5. ^ Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Article 60 (Supreme Appellate Court) and Article 69 (Chief Court)
  6. ^ Kureshi, Yasser (2022). Seeking Supremacy: The Pursuit of Judicial Power in Pakistan. Cambridge University Press. ISBN 978-1-316-51693-5.
  7. ^ a b "Pakistan is "mainstreaming" misogynist tribal justice". The Economist. 13 October 2017.

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