University of Central Punjab1

BUSINESS LAW ASSIGNMENT 2

Submitted to:

Prof. Abid Rasheed

Submitted by:

Abaidullah Tanveer (L1F18BBAM0320)

Section: B

Due date: April 19, 2020

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JUDICIAL SYSTEM OF PAKISTAN

INTRODUCTION:

The judicial system we follow in Pakistan today has developed for a long time. The
structure went through numerous periods spanning the Hindu Era, the Muslim Period
(including the Mughal Period), the British Period and the Time of Independence. The
judiciary system of Pakistan consists of two classes of courts:

 The Superior (or higher) Judiciary

 The Subordinate (or lower) Judiciary

The Superior Judiciary includes Pakistan's Supreme Court, Pakistan's Federal Shariah
Court, and Five High Courts, with the Supreme Court at the top. Each of the four
provinces has a High Court as well as a High Court for the Islamabad Capital Territory.
Pakistan's constitution entrusts the Superior Judiciary with the duty to safeguard, preserve
and defend the constitution. Tribal areas of Pakistan have its own legal system which is
known as Jirgah System. The disputed regions of Azad Kashmir and Gilgit Baltistan
have separate Court Systems.

The Subordinate Judiciary consists of Civil and Criminal District Courts, and
numerous specialized courts covering Banking, Insurance, Customs and Excise,
Smuggling, Drugs, Terrorism, Taxation, Customer Protection and Corruption.

1. Supreme Court of Pakistan:

It is the Apex Court (last appealing court) in Pakistan’s Judiciary System. The court
consists of a Chief Justice and 27 other judges. It has a permanent in Islamabad as well as
branch registries in Lahore, Peshawar, Quetta and Karachi. Chief Justice of the Supreme
Court is also a Chief Administrator of Courts.

2. High Courts:

A High Court is the principal court of its province. High Court is the highest court in the
civil and criminal matters in the province. High Court supervises and controls all the
courts which are subordinate to it. There are five High Courts of Pakistan, each of four
based in the capital city of one of the four provinces.

 Lahore High Court, Lahore, Punjab

 Karachi High Court, Karachi, Sindh
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 Peshawar High Court, Peshawar, KPK

 Balochistan High Court, Balochistan, Quetta
 Islamabad High Court, Islamabad, Islamabad Capital Territory

A High Court has the power to make rules regulating its practice and procedure and of
courts subordinate to it. Each High Court supervises and controls all courts subordinate to
it and any decision of a High Court binds all courts subordinate to it.

3. Federal Shariah Court of Pakistan:

The court consists of 8 Muslim Judges including the Chief Justice. Such judges are
appointed by the President from amongst the serving and or retired judges of the Supreme
Court or a High Court or from amongst persons possessing the qualifications of a judge
of the High Court. Of the 8 judges, 3 are required to be Ulema who are well versed in
Islamic law. The judges hold office for a period of 3 years and the President may further
extend such period.

4. Special Tribunals and Boards:

There are numerous special tribunals such as:

 Banking Courts
 Custom Courts
 Drug Courts
 Income Tax Tribunals
 Labor Courts
 Board of Revenue
 Environmental Courts
 Labor Appellate Tribunal
 Anti-Corruption Courts
 Anti-Terrorism Courts
 Federal Services Tribunal
 Provincial Services Tribunal

5. Subordinate Judiciary

The subordinate judiciary is divided into:

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 District and Session Courts

 Civil Judge and Judicial Magistrate’s Court
 Special Tribunals and Board
 Family Courts
 Juvenile Courts
 Arbitration