ORGANISATION AND STRENGTH OF JUDICIAL HIERARCHY

SUPREME COURT OF PAKISTAN

Shariat Appellate Bench of the CJ+16
Supreme Court (Also currently 2 Ad-hoc Judges)
5(3SC+2FSC / Ullema)

Federal Shariat Court

CJ+7(3 to be Ulema)

Forums entertaining Criminal Cases under Hudood Laws

Lahore High High Court of High Court of Peshawar High

Court Sindh Balochistan Court
CJ+49 CJ+27 CJ+8 CJ+15

Administrative Courts &

Tribunals

District & Session Judge District & Session Judge District & Session Judge District & Session Judge
[36] [25] [24] [23]
Addl District & Sessions Addl District & Sessions Addl District & Sessions Addl District & Sessions
Judge Judge Judge Judge
[246] [90] [22] [84]

Senior Judicial Senior Judicial Senior Judicial Senior Judicial

Civil Magistrate Civil Magistrate Civil Magistrate Civil Magistrate
Judge 1st Class Judge 1st Class Judge 1st Class Judge 1st Class
Civil Judicial Civil Judicial Civil Judicial Civil Judicial
Judge 1st Magistrate Judge 1st Magistrate Judge 1st Magistrate Judge 1st Magistrate
Class 2nd Class Class 2nd Class Class 2nd Class Class 2nd Class
Civil Judicial Civil Judicial Civil Judicial Civil Judicial
Judge 2nd Magistrate Judge 2nd Magistrate Judge 2nd Magistrate Judge 2nd Magistrate
Class 3rd Class Class 3rd Class Class 3rd Class Class 3rd Class
Civil Civil Civil Civil
Judge 3rd Judge 3rd Judge 3rd Judge 3rd
Class Class Class Class
Structure of Government
There are three most important organs of a government.

Legislature: Persons who make, amend or repeal laws

Executive: The branch of the government that is responsible for
carrying out the laws
Judiciary: The system of law courts that administer justice and
constitute the judicial branch of government
Legislature
Making of laws for a country is the main function of this branch.

In some autocratic countries like Iran, Afghanistan and Jordan the

branch does not exist or does not make laws.

In other countries like England, it performs many functions.

Functions of legislature
Passing new laws.

Amendments of previous laws.

Repeals old laws.

Making of new laws
The law is presented or proposed in the form of bill, which goes through
a lot of debate and thinking. This is called legislative procedure.

After going through many stages if it is accepted by the majority it is

placed before the head of the state for final signatures.
Things to be taken care of
before making a law.
Must be made with great carefulness as it involves all the population.

The legislature must be representative of people of the state.

The needs of the citizens must be kept in mind before making a law.
Law making in Pakistan
National assembly
Provincial assembly

Upper house Lower house.

Direct legislation by the
people
In modern times it has been made possible to take consent of all the
people in the country.

Ways of direct legislation.

1. Referendum
2. Plebiscite
3. initiative
Referendum
Literal meaning is “must be referred”

Some times law is made but it cannot be passed unless the vote from
the general public is taken directly.
Australia and Switzerland has implemented the referendum system in
their political system.

Compulsory and non-compulsory referendums.

Plebiscite
It is a special kind of referendum in which law making is not required.

The general public is asked to give vote for a question of national

importance.

Examples:
If Kashmiri people asked to join Pakistan or India.
In 1947 N.W.F.P people were asked if they wanted to join Pakistan or
not.
Initiative
Right of the people to make laws.

If certain number of people take initiative (demand) a law, the general

public has the right to pass it.

The minimum number of people for initiative is defined in the constitution.

Direct initiative: when the proposed law is directly placed before the public
for their vote.

Indirect initiative: the proposal is placed before the legislature and then
legislation place the law to the public.
Parliament
The bicameral federal legislature is also called Majlis-i-Shoora (Council
of Advisers),
It consists of
Senate (upper house)
National Assembly (lower house).

Members of the National Assembly are elected by adult suffrage (over

eighteen years of age in Pakistan).
National Assembly members
serve
Seats are allocated to each of the four provinces, the Federally
Administered Tribal Areas, and Islamabad Capital Territory on the basis
of population.
National Assembly members serve for the parliamentary term, which is
five years, unless they die or resign sooner, or unless the National
Assembly is dissolved.
Although the vast majority of the members are Muslim, about 5 percent
of the seats are reserved for minorities, including Christians, Hindus,
and Sikhs.
 The present allocation of seats is
as under: (National Assembly)
PUNJAB SINDH KPK BALOCHISTAN FATA FEDERAL TOTAL
CAPITAL

General 148 61 35 14 12 2 272

Women 35 14 8 3 0 0 60

Non- ______ ______ ______ ______ ______ ______ 10

Muslim

Total 183 75 43 17 12 2
342
The prime minister
The prime minister is appointed by the president from among the
members of the National Assembly.
The prime minister is assisted by the Federal Cabinet, a council of
ministers whose members are appointed by the president on the advice
of the prime minister.
The Federal Cabinet comprises the ministers, ministers of state, and
advisers.
Senate
The Senate is a permanent legislative body with equal representation
from each of the four provinces, elected by the members of their
respective provincial assemblies.
There are representatives from the Federally Administered Tribal Areas
and from Islamabad Capital Territory.
The chairman of the Senate, under the constitution, is next in line to act
as president should the office become vacant and until such time as a
new president can be formally elected.
Senate or the upper house.
Senate is upper house of Pakistani Parliament as first formed in 1973.
The membership of the Senate, which was originally 45, was raised to
63 in 1977 and to 87 in 1985.
The membership of the Senate was raised from 87 to 100 in 2002.
4 Seats of Minorities was included in 2012.
So now total seats of Senate are 104.
The Senate is a body which represents the provinces and territories of
the country and promotes a feeling of equality, peace and good
understanding between them .
 Senate of Pakistan
GENERAL ULEMA WOMEN MINORITIES TOTAL

BALOCHISTAN
14 4 4 1 23
KPK
14 4 4 1 23
PUNJAB
14 4 4 1 23
SINDH
14 4 4 1 23
FEDERAL
CAPITAL
2 1 1 ---------- 4
FATA
8 ---------- --------- --------- 8
TOTAL
66 17 17 4
104
Powers of national assembly
Making of laws or passing of a bill.

1. National assembly first pass the bill and then,

2. It is sent to the senate for its approval.
3. If senate also approves it the bill is said to passed by the parliament.
4. After that it is sent to the president for his signatures.
Money bill

All money bills originate from the national assembly, and after it has
passed them, they are presented to the president for his assent.
Disapproval of the ordinance

The national assembly can disapprove any ordinance adopted by the

Government when the assembly was not in session.
Control over prime minister
If the prime minister loses the support of the majority of the assembly,
he has to resign his office.

The assembly then at once proceeds to elect the prime minister and
authorize him to form a new cabinet.
The national assembly can pass the vote of no confidence against the
prime minister or any other minister which will result in the resignation
of the post.
Constitution amendment

The national assembly can amend the constitution by two third

majority.
provincial assembly
Each Provincial Assembly also consists of

GENERAL SEATS;
WOMEN SEATS AND
NON-MUSLIM SEATS.

Members for the general seats are elected by simple majority on the
basis of single member territorial constituency through direct vote.
provincial assembly

The reserved seats of women and non-Muslims are allocated to the

political parties on the basis of number of general seats obtained by
each political party in the Provincial Assembly.
provincial assembly
The Members to fill the seats reserved for women and non-Muslims
allocated to a Province are chosen in accordance with law through
proportional representation system of political parties’ lists of
candidates on the basis of the total number of general seats secured by
each political party in the Provincial Assembly.
 Composition of provincial
assembly
PUNJAB SINDH KPK BALOCHISTAN
TOTAL

General 297 130 99 51 577

Women 66 29 22 11 128

Non- 8 9 3 3 23
Muslim
Total 371 168 124 65 728
Business Law
Also called a commercial Law or mercantile law

It deals with the right and obligations arriving out of business

transactions.