ASSIGNMENT

Submitting To: Submitted By:

Ahmed Afridi, ID: 19251089
Prof. Dr. Nazrul Islam Anika Tahsin, ID: 19251075

Pro-Vice Chancellor Rakibul Hasan, ID: 19251079

Mohammad Sazeem, ID: 19251081
Canadian University Road
Zawad Barkat, ID: 19251071
No.11, Banani, Dhaka- Section-(A)
1213 Department of Marketing, Faculty of
Business Studies Bangladesh University of
Professionals (BUP), Mirpur Cantonment,
Dhaka
 INTRODUCTION:
Date of submission: July 16, 2020
South Asia (including India, Pakistan, Afghanistan, Nepal, Bhutan,
Bangladesh, Sri Lanka, and the Maldives) are distinguished by a
diversity in their legal practices. When splitting the globe into different
legal systems South Asian legal culture is defined as Hindu law by the
founders of comparative law. South Asia is, however, the location of
Hindu, Muslim, Buddhist, tribal, British colonial and post-colonial legal
systems, along with Jain, Zoroastrian, French, Portuguese and Roman-
Dutch legal systems. The fact that all these legal practices emerged at
various points of time is peculiar to South Asia, none was able to fully
supplant the others and had to establish a coexistence relationship.
Ancient South Asian Legal Traditions:
Since the late 1990s, there has been an explosion of scholarship on
South Asian legal history. The new literature within the longer tradition
of postcolonial South Asian legal studies focuses on work written by
lawyers and historians. The first wave of South Asian legal studies
emerged in what historians would call the long 1960s from a group of
American lawyers and social scientists working on the legal profession
and the experience of dispute resolution in India. The second wave,
which has concentrated on the themes of gender and religion in British
India, has been shaped by different influences, namely developments in
the Indian women's movement and in Indian legal education during the
1980s and 1990s. The new scholarship is overly focused on elites, the
state, the colonial period, and English-language sources. It also identifies
regional crosscutting themes that have generated research on South Asia
beyond India, particularly constitutionalism, states of emergency, and
the legal profession; Buddhist legal studies; gender; and rule-of-law
development efforts.

Legal Environment of India

India, a country with diverse cultures and diverse laws. This country has
a lot in it. This is the second-most populous country, the seventh-largest
country by area, and the most populous democracy in the world. Here
are some of the legal framework of India:

Business Contract
The general observation of the law: “A contract may be oral or in
writing. However, certain contracts are required to be in writing and may
even require registration.” The law applicable to the contract is
contained in the Indian Contract Act, 1872. India is not a signatory to the
Vienna Convention on International Contracts.  Language of domestic
contract will be English or Hindi (other local official languages are also
sometimes used)
International Dispute Resolution
The arbitration of the law: Recognized under Indian law as a
legitimate method for settling disputes, used both in the domestic and
international transactions. However, foreign investors frequently
complain about a lack of "sanctity of contracts." Critics say that
liquidating a bankrupt company may take as long as 20 years.

Judicial Branch
India has three tiers of jurisdiction, including the Supreme Court, 21
High Courts, District Courts, Subordinate Courts, and Tribunal courts.

Supreme Court: It is the guardian of the Constitution and the highest

court of appeal.
Its exclusive original jurisdiction extends to any dispute between the
Government of India and one or more States
High Courts: There are 18 High Courts in the country, three having
jurisdiction over more than one State, taking the total number to 21.
Only Delhi alone has a High Court of its own. The other six Union
Territories come under the jurisdiction of different State High Courts.
Works of High Courts mostly consist of appeals from lowers courts.

District Courts: District Courts administer justice at a district level. The

highest court in each district is that of the District and Sessions Judge.

Sub-ordinate courts: The lowest level is the court of Civil Judge

(Junior Division) and the court of Judicial Magistrate. The middle level
is the Court of Civil Judge (Senior Division) and the Court of the Chief
Judicial Magistrate. At the top level, there may be one or more courts of
additional district and sessions judge with the same judicial power as
that of the District and Sessions judge.

Tribunal: It is a generic term for anybody acting judicially, whether or

not it is called a tribunal in its title. For example, an advocate appearing
before a Court on which a single Judge was sitting could describe that
judge as 'their tribunal'.

Court Officials
India’s government has it’s chief legal advisor and its primary lawyer in
the Supreme Court of India. The person to occupy this position must be
eligible for becoming a judge in the Supreme Court of India.

Then, they have practicing advocates. A student after completing a

bachelors' degree in law in India needs to enroll with the State Bar
Council to register himself as a Member of the Bar, in order to practice
in the District Court and High Court.
However, the Supreme Court of India insists upon passing of a separate
examination conducted by it after having a minimum of 5 years
experience at the Bar enrolment.

Also, they have public prosecutors who are the equivalent of the US
District Attorney. The Public Prosecutor represents the state in court.

BIO:
Official Name of Country: Republic of India
Type of Government: Federal
Sources of Law: Common Law (General), Civil Law (State of Goa) with
influence of Hindu, Muslim, Sikh & Christian laws mostly in family
laws
Head of State: The President
Head of Government: Prime Minister
Influences in Constitution: Hindu Family Law, Shariah Law, Christian
Family Law, Constitution of United States of America, Constitution of
United Kingdom, Constitution of Australia, Government of India Act
1858, Indian Independence Act of 1947
Government System: Westminster System
Legislative System: Bicameral in Federal/Union Level
 Legal Systems in Nepal:
Nepal's legal system is a combination of Hindu law, local customs and
practices, common law, and civil law. Nepalese legal system is based on
Hindu philosophy and its development. Prime Minister Jung Bahadur
Rana enacted the first written legal code in Nepal, the Muluki Inn
(translated as 'General Code' or 'Country Code') in 1854. The Muluki
Ain is one of the world's oldest Civil Code. Unlike other civil codes of
the time, the Muluki Ain is not a recodification of Roman law rather, it
is a codification of Hindu religious law and societal customs prevailing
at the time. Moreover, corporate and commercial laws are influenced by
common law such as England and India laws. After 2007 B.S the
concept of rule of law, fundamental right of people, independent
judiciary etc. was introduced in the legal system.
The legal and political history of Nepalese legal system can broadly be
divided into the following parts:
 1. Early History:
Nepalese legal system has a history of more than two thousand years.
The discussion about Nepal's legal history begins with Kirants, Nepal's
first ruling dynasty. The lichhavis invaded the Kirants Kingdom and
implemented a religious ideology and reality-based state structure.
Mallas began ruling over the nation. They had also acknowledged the
power of religion. King Ram Shah, from Gorkha became a rising power.
He gave the justice to his people on the basis of religious treatise,
tradition, equality.

2. Post Unification Era:

King Prithivi Narayan Shah the Great, spent most of this time for the
unification of Nepal. Yet he could devote some of his thoughts towards
law and justice as well.

3. Dissemination of the Muluki Ain

The Muluki Ain was amended and codified all laws of Nepal- civil and
criminal including religious and customary. Along with JUNG
BBAHADUR king Lalmohar also committed himself to follow the
Muluki Ain.
4. Later Developments:
THE MULUKI AIN, 2020 is main pillar of the Nepalese Legal system.
Padma Sahamsher, who became Prime Minister in 1945, initiated some
constitutional reforms “Nepal Sarakar Baidhanik Kanoon 2004”, which
he could not enforce. The year 1951 makes the end of Rana regime.
5. After the Period of 1951:
There was amendment in the Muluki Ain to introduce capital
punishment for certain crimes may be cited as an example. Without
taking consent of public old proceedings were thrown.also latest trends
were establishing.
6. After the period of 1990
After 1990, some major changes were introduced in the arena of
Nepalese Legal system. Those Nepalese laws started to mend according
to constitutional norms.
Constitution: Their Constitution is "Nepal's Interim Constitution,"
which came into effect on 15 January 2007.
Executive branch: Head of Government, president fulfills his
responsibilities by constitution. The prime minister conducts the
Parliament-appointed day-to-day duties. The ministers must carry out
the duty in compliance with the constitution and other legislation.
Legislature branch: The Nepalese parliament has 330 members.
Parliament fulfills its duties to divide and operate accordingly through
committees such as the Committee on Residents, the Committee on
Public Opinion Gathering & Organization etc.

Judicial Branch: 
The Constitution includes three tiers of jurisdiction, including the
Supreme Courte, the Court of Appeal and the Courts of the City. There
the Supreme Court is the highest tribunal. He is the statutory protector.
Other than that, there are other courts around the country to maintain the
law and order.
BIO:
Official Name of Country: Federal Democratic Republic of Nepal
Type of Government: Federal
Sources of Law: Civil Law
Head of State: The President
Head of Government: Prime Minister Influences in
Constitution: Civil
Law Legislative System: Bicameral in Federal Level, Unicameral in
Provincial Level
Salient Features: Independent, Indivisible, Sovereign, Secular, Inclusive,
Democratic, Socialism-oriented, Federal Democratic Republican state as
of Constitution.

Legal System of Pakistan

Introduction:
Pakistan is an Islamic republic. Islam is the state religion, and the
Constitution requires that laws be consistent with Islam. The country
has an area of 310,527 square miles and a population of 170 million.
Official figures on religious demography, based on the most recent
census taken in 1998, showed that approximately 97 percent of the
population was Muslim. The majority of Muslims in the country are
Sunni, with a Shi'a minority ranging between 10 to 20 percent.

The Penal Code incorporates a number of Islamic law (Shari'a)

provisions. The judicial system encompasses several different court
systems with overlapping and sometimes competing jurisdictions that
reflect differences in civil, criminal, and Islamic jurisprudence. The
Federal Shari'a Court and the Shari'a bench of the Supreme Court serve
as appellate courts for certain convictions in criminal court under the
Hudood Ordinances; judges and attorneys in these courts must be
Muslim. The federal Shari'a court may overturn any legislation judged
to be inconsistent with the tenets of Islam. In March 2005, however, the
Supreme Court Chief Justice ruled that the Federal Shari'a Court had no
jurisdiction to review a decision by a provincial high court even if the
Federal Shari'a Court should have had initial appellate jurisdiction.

The legal system is derived from English common law and is based on
the much-amended 1973 constitution and Islamic law (sharia). The
Supreme Court, provincial high courts, and other courts have
jurisdiction over criminal and civil issues. The president appoints the
Supreme Court's chief justice and formally approves other Supreme
Court justices as well as provincial high court judges on the advice of
the chief justice. The Supreme Court has original, appellate, and
advisory jurisdiction, and high courts have original and appellate
jurisdiction. The Federal Shariat Court determines whether laws are
consistent with Islamic injunctions. Special courts and tribunals hear
particular types of cases, such as drugs, commerce, and terrorism.
Pakistan's penal code has limited jurisdiction in tribal areas, where law
is largely derived from tribal customs [ CITATION htt \l 1033 ].

The judiciary of Pakistan: The judiciary of Pakistan is a hierarchical

system with 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 a High Court for
the Islamabad Capital Territory. The Constitution of Pakistan entrusts
the superior judiciary with the obligation to preserve, protect and defend
the constitution.[1] Neither the Supreme Court nor a High Court may
exercise jurisdiction in relation to Tribal Areas. The disputed regions
of Azad Kashmir and Gilgit–Baltistan have separate court systems.
[ CITATION htt3 \l 1033 ]
Besides Supreme Court of Pakistan, there are areas that are not
constitutional parts of Pakistan till now. They are Gilgit Baltistan and
AJK. As per constitution of Pakistan, these both areas are not a part of
Pakistan, rather they are being governed by Government of Pakistan on
interim basis. Though Gilgit Baltistan declared its independence from
Dogra/Maharaja Kashmir on 1 November 1948, that is said to be the
independence day of Gilgit Baltistan. Likewise, the authority of
Constitution of Pakistan is not held there, though through Presidential
ordinances, and PM packages, they are governed and given an interim
authority delegated by Federal Government of Pakistan.
As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit
Baltistan, thus another form of APEX Court named Supreme Appellate
Court for Gilgit Baltistan has been introduced, with designated powers
as that of Supreme Court of Pakistan.
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 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.
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% of civil cases involve land
disputes, owing to Pakistan’s lack of a proper land register.

The legal system structure in Pakistan is as follows:

Supreme Court:   Acts as the final guardian of the Constitution. It is

also the final Court of Appeal in matters arising out of cases decided by
the High Courts, and in this capacity, it replaces the Judicial Committee
of the Privy Council, sitting in London. The permanent seat of the
Supreme Court is in Islamabad while it has branch registries in all four
provincial capitals.
High Court:  the four High Courts in the Provinces, exercise general
control over the administration of justice in their respective territorial
limits. There is also High Court in federal Capital Islamabad. The High
Court is an appellate Court for all Civil and Criminal matters in the
respective province.  Articles 192 to Article 203 in Part VII of the
Constitution deal with matters pertaining to High Court functioning.
Civil Courts:  All Civil Courts are subordinate to the High Court and
subject to the general superintended and control of the High Court; the
District Judge has control over all Civil Courts within the local limits of
his jurisdiction.  Civil Courts in Pakistan are established by the
respective province under different laws titled the Civil Courts
Ordinance 1962 which recognizes the following main classes of Civil
Courts:

1. The court of District Judge

2. The court of Additional District Judge
3. The court of Civil Court

Criminal Courts:  The Criminal procedure in Pakistan is laid down in

the Code of Criminal Procedure 1868, whereas the substantive law about
definition about a crime and its punishment is found in Pakistan Penal
Code 1860.  The main Criminal Courts in Pakistan are:
1. High Court
2. Court of Session
3. Court of Magistrate
High Courts are the Constitutional courts established under the
Constitution of Pakistan. However at the same time they also exercise
powers as criminal courts.
A Court of Session comprises of Sessions Judge and Additional Sessions
Judge.
Magistrates fall under three main categories namely Magistrates of first
class, Magistrates of Second Class and Magistrate of third Class. All
Magistrates are subordinate to the Sessions Judge of their respective
division.
Special Courts:  Several special Courts and Tribunals have also been
established through different laws to deal with specified matters such as
Income Tax Tribunal, labour Courts, Family Courts, Rent Tribunals,
Anti-Terrorism Courts, and Board of Revenues etc. their powers and
jurisdiction are specified in the statues creating them.
Federal Shariah Court: Federal Sharaih Courts have been established
to examine and decide the question whether or not any provision of law
is repugnant to the Injunctions of Islam as laid down in the Holy Quran
and Sunnah of the Prophet (peace be upon him).  If a law is found to be
repugnant the Court is to provide notice to the level of government
concerned specifying the reasons for its decision. The court also had
jurisdiction to examine any decision of any criminal court relating to the
application of hudod penalties.  The Supreme Court also has a Shariat
Appellate Bench empowered to review the decisions of Federal Shariat
Court. According to Article 277 all existing laws shall be brought in
conformity with the Injunctions of Islam and Chapter 3-A pertains to the
functions and organization of Federal Shariah Court.
Qazi courts: This idea of Qazi courts gained momentum during the
1980s Islamization program. Basically, efforts were being made to
replace the current judicial system with the system of Qazi and Majlis e
Shura as it was practiced in the early day of Islam.
Qazi courts were established in KPK and Baluchistan provinces to
provide speedy legal remedies but this idea could not be implemented on
a national level.
A person can be appointed as Qazi if he possesses a Sanad/Dars e
Nizami from a renowned Darul Uloom or if he is a law graduate from a
recognized university. The minimum age limit is 28 years but the
government can relax the age restriction if it wants. Qazis are appointed
through the Public Service Commission.
Court fee and process fee of the Qazi courts are levied according to the
provisions of Dasturul Amal Diwani of Kalat. Proceedings before the
Qazi courts are according to the Civil Procedure Code. However original
civil suits are filed with the Assistant Commissioners and Tehsildars
who will refer them to Qazi or Majlis e Shura.
Jirga System
The Jirga system was enacted in KPK through an Act of Parliament in
1977, because it was felt that there must be a separate local body for
adjudication of disputes on special matters which are relevant to a
specific area. This Act only provided for a jirga system in KPK but then
in Baluchistan, the practice of Jirga system was quite common because
it’s a custom there that the notables of area would decide various
disputes concerning minor offences.
A jirga consists of a government official normally a Naib or Naib
Tehsildar who works as the president of the Jirga and he is assisted by
two other members, which are appointed by the Deputy Commissioner.
Jirga has the same powers as a civil court does under the Code of Civil
Procedure, 1908, pertaining to enforcing attendance of witness or
production of documents, etc. Jirga must give both parties equal
opportunity to present their point of view and it may demand such
evidence as may be necessary. The Qanun-e-Shahadat order of 1984
applies to all proceedings before the jirga. Witnesses may be cross
examined and the Jirga has the authority to administer oath to a witness,
consistent with his/her religion. The parties can be represented and
defended by legal practitioners in cases before the Jirga.
If any party is dissatisfied with the decision of the Jirga it may file for an
appeal with the Commissioner within 60 days of the receipt of the
decision. Furthermore, unless stated in the Act, no decision, decree or
judgment.

Legal System of Afghanistan:

Introduction:
Forty years ago, the legal system of Afghanistan was based mostly on
religious tradition and regional customs. The Afghan religious scholars
and religious men who pursued Islamic studies did so in Afghanistan,
India (including present Pakistan), Bukhara, Tashkand, and Samar-kand
(some of the present Russian republics). With this background they then
held the positions of kadi (judge) and mufti (assistant-judge) in the
Afghan government. Some of these men also taught Islamic studies
informally and acted as religious leaders. The formal structure for legal
decisions was the court consisting of the kadis and muftis. In addition to
this formal system, the leaders of the tribes and sages were informally
the source of decision for many cases. In these cases the people
respected their decisions and opinions which were based on regional
traditions. The modernization of the legal system of Afghanistan began
after the Constitution of 1930 was adopted. Although this Constitution
was based on religious tradition, it was modern in that it recommended
that specific laws should be written within the framework provided.
During the years that followed, new laws were written dealing with the
administration of the government as well as with criminal, commercial,
and civil cases. Even though the principles of law were taken from
religious and national tradition, the Western influence can be seen in the
new theories of administrative, commercial, and procedural law utilized
in making the new laws. Afghanistan benefited most from studies of the
laws of Turkey, Germany, Switzerland, and France. Thus we view this
period in Afghanistan as the one when new laws were framed, while
retaining the religious and national traditional values.
There was an interesting movement of modernization forty years ago
when Afghan scholars who had no formal training in Islamic studies
reorganized the Islamic law in modern form by grouping the old
materials in new chapters and articles which would faciliate the finding
of specific rules and provide internal consistency. Different doctrines
and interpretations made it difficult before this time to ascertain the
controlling provisions for many cases. Another difficulty was the fact
that the old sources were written in classical Arabic, which made the
Islamic law texts difficult for Afghans to understand. First of all, the
reorganizers divided the provisions of Islamic law into two categories—
criminal and civil. Based on the teaching of Hanafi, the Afghan scholars
selected, organized, and translated materials from the Islamic law into
Afghan Persian to form a law book called Tamasok al Qudat which is an
instruction book for judges. This type of reform had been first begun in
Egypt about 1920. The Egyptian reform reorganized "Law No. 25"
which is the "Family Law" consisting after the reorganization of 13
articles. Before that, in 1876, the movement toward reorganization of
Islamic law had been carried forward under a decree of the Osmani
Caliph in Turkey by turning the teaching of the Hanafi school into the
compilation which was called Mujalla al ah Kam (Magazine of
Provisions) with 1.851 articles.'
THE NEW CONSTITUTION OF AFGHANISTAN-1964
The Constitution of Afghanistan of October 1, 1964 was adopted in
order to reorganize the national life of the country according to the
requirements of the time and on the basis of the national history and
culture, to achieve justice and equality, and to establish political,
economic, and social democracy. This Constitution is considered to be
modern and progressive leading to a great deal of change in the Afghan
legal system. The Constitution confirmed the fact that Afghanistan is a
constitutional monarchy, an independent, unitary, and indivisible state,
and insisted that sovereignty belongs to the Afghan nation.' The new
Constitution also affirmed that the official religion in Afghanistan is
Islam, and requires that religious rites performed by the State shall be
according to the provisions of the Hanafi teaching. Although the official
religion is Islam, the law provides that non-Muslims are free to follow
their religious beliefs.'
The King in Afghanistan is considered as the center of National Unity
and he is respected by all as the popular leader. The qualifications for
the King are that he must be an Afghan national, a Muslim and a
follower of the Hanafi teaching. According to the new Constitution of
1964 the King has the following rights and duties:
 i. Holds Supreme Command of the armed forces of
Afghanistan.
ii. Declares war and armistice.
iii. Summons and inaugurates the Loya Jirgah (Great
Council which consists of all members of Parliament
and the Chairmen of the Provincial Councils).
iv. Inaugurates the ordinary session of the Shura
(Parliament).
v. Summons and inaugurates the extraordinary sessions of
the Shura.
vi. Dissolves the Shura and decrees new elections, which
must be held within three months from the date of the
dissolution of the Shura.
vii. Signs laws and proclaims their enforcement.
viii. Issues ordinances.
ix. Grants credentials for conclusion of international
treaties, in accordance with the provisions of the law.
x. Signs international treaties.
xi. Appoints the Prime Minister and accepts his
resignation. Appoints Ministers on the recommendation
of the Prime Minister and accepts their resignations.
xii. Appoints the non-elected members of the Meshrano
Jirgah (Senate) and appoints its President from amongst
its members.
xiii. Appoints the Chief Justice and Justices of the Supreme
Court.
xiv. Appoints Judges and high-ranking civil and military
officials and grants them retirement in accordance with
the provisions of the law.
xv. Appoints the Heads of Afghanistan's diplomatic
missions to foreign States; appoints permanent
Representatives of Afghan-istan to international
 organizations and accepts the credentials of foreign
diplomatic representatives.
xvi. Proclaims and ends a state of emergency.
xvii. Remits and pardons sentences.
"The succession to the Throne of Afghanistan is to continue in the
family of H.M. Mohammed Nadir Shah," the leader of Afghanistan's
Independence and father of the present King, Mohammed Zahir Shah.
The Third Title of the Constitution deals with the very interesting and
important area of the rights and duties of the people. This Title provides
for the protection and respect of the liberty and dignity of the individual,
and declares that freedom of speech, freedom of publishing, freedom of
ownership, freedom of communication, freedom of peaceful assembly,
and freedom to form political parties cannot be violated. The most
important and original aspect of this new constitution is the separation of
executive, legislative, and judicial powers. These branches have been
organized and are currently operating. The Parliament of Afghanistan
includes a House of Representatives and a House of Senators (Wolesi
Jirgah and Meshrano Jirgah). The members of the House of
Representatives are elected by the people of Afghanistan for a term of
office of four years, which is one term of the legislature, in a free,
universal, secret, and direct election. Two-thirds of the members of the
Senate are elected in a similar manner with the following exceptions:
1. Each Provincial Council shall elect one of its
members to the Senate for a period of three years.
2. The residents of each province shall elect one
person for a period of four years.
The other one-third are appointed by the King for a term of five years.
Persons appointed or elected for membership in the Afghan Parlia-ment
must meet the following requirements:
 Having been an Afghan citizen for at least ten
years (prior to the date of nomination or election)
  Not having been punished by a court with
deprivation of politi-cal rights since the adoption
of the 1964 Constitution.
 Being able to read and to write.
 For members of the House of Representatives,
being at least 25 years old at the time of the
election and for the Senate being at least 30 at the
time of their nomination or election.
The duties of the executive power, which includes the Prime Minister
and his Cabinet, have been limited and controlled by the Parliament
because of the establishment of a democratic society. Thus, the Prime
Minister and the Ministers are collectively responsible to the House of
Representatives for the general policy of the Government, and
individually for their prescribed duties.' The executive branch of the
Government is formed by the person designated as Prime Minister by
the King. The members and policy of the Government are presented by
the Prime Minister to the House of Representatives, which, after debate,
approves by a vote of confidence in the Government or rejects the new
Government if there is no vote of confidence. The Prime Minister (Head
of the Executive Branch) must be an Afghan national by birth.' The 1964
Constitution established that it is the duty of Parliament to organize the
modern life of Afghanistan by making laws, but it stipulates that no laws
may be passed against the basic principles of Islam.' This requirement
illuminates the concept of modernization in the legal system of
Afghanistan and the relationship between modern laws and traditional
laws. New laws must be made as provided by the Constitution so as to
form a modern legal system. At the same time, only the basic principles
of Islam—not the traditional and particular details of any certain
teaching, are considered as a general frame for new laws. By this
constitutional principle, the Afghan Legislature will adhere only to the
basic principles of Islam and will benefit from the advantages of all
Islamic teachings (Hanafi, Shaffi, Malaki, Hanbali, etc.). The interesting
point is that although the laws to be made are based on broad Islamic
principles, if a case arises which is covered by no new law, the
prevailing law in the court is only the Hanafi Doctrine.' By choosing
only the Hanafi Doctrine, the Constitution limits the courts' power and
restricts conflicts of decisions.
In the last three years more than twenty new laws in the areas of judicial
procedure, administration, and criminal and civil affairs have been made
as prescribed in the new Constitution. While respecting historical and
national values in its new legal system, Afghanistan benefited most from
the legal theory of the United Arab Republic which is mostly based on
the French system. Before adoption of the new Constitution, there was a
small office for the drafting of legislation in the Ministry of Justice, but
only in the last four years has this office become of major concern, and
is now staffed by Afghan and foreign scholars, especially lawyers from
the United Arab Republic.
Although the courts were independent in their decisions before adoption
of the new Constitution, they were influenced administratively by the
Ministry of Justice. Since the new Constitution the judiciary has become
completely independent. Preparation for this independence has been
going on for the last three years and now for the first time, with the
establishment of the Supreme Court on October 15, 1967, by H.M.
Mohammed Zahir Shah, the King of Afghanistan, the judiciary is
independent.
The new Constitution provides a specific Title covering the judicial
branch and itemizing its duties and powers." One of the important
conditions for being a member of the Supreme Court is to have
substantial background and a high degree of knowledge of the science of
law and the Afghan legal system. Requiring a greater educational
background for the Justices helps to assure that the legal system will
progress and modernize itself. The Judiciary consists of a Supreme
Court and many lower, appellate, and other courts, the number and
functions of which are determined by law.
The Supreme Court consists of nine Judges appointed by the King for a
period of ten years. The minimum age for these judges is thirty-five. The
King appoints one of the Judges of the Supreme Court, between the ages
of forty and sixty, as the Chief Justice. Upon completion of their term
the Judges may be reappointed for another term by the King. If a Chief
Justice or Judge is not reappointed for another term he is given all of the
financial privileges pertaining to the term of his office for the rest of his
life. After the termination of their services, the Chief Justice and
members of the Supreme Court cannot become Prime Minister or
members of the Government, members of the Shura, or Government
officials. The Chief Justice and members of the Supreme Court also are
prohibited from participating in political parties during or after their
tenure of office.
The Office of Attorney General was established for the first time by the
new Constitution in the Ministry of Justice as a part of the executive
power" for the investigation of crimes, and to carry out other duties
itemized in the Law of "Organization of the Attorney General's Office"
and the law of "Criminal Procedure" which was adopted since the new
Constitution.
The detailed authorities and duties of the President are in Article Sixty-
four of the Constitution, 2004, and they include:
• Supervising the implementation of the Constitution;
• Determining policies with the approval of the National Assembly;
• Proclaiming as well as terminating the state of emergency with the
endorsement of the National Assembly;
• Being the Commander in Chief of the armed forces of Afghanistan;
• Declare war and peace with the endorsement of the National
Assembly;
• Take necessary decisions to defend territorial integrity and preserve
independence;
• Dispatch armed forces units outside of Afghanistan with the
endorsement of the National Assembly;
• Convene the Loya Jirga except in the situation prescribed in Article 69
of this Constitution;
• Endorsing laws as well as judicial decrees; appointing the nation's
ministers, the attorney general, the director of the central bank, and the
justices of the Supreme Court, the National Security Director as well as
the Head of the Red Crosse with the approval of the main legislative
body, the Wolesi Jirga.
Article sixty of the 2004 Afghan constitution provides that, in case of
absence, resignation or death of the President, the first Vice-President
shall act in accordance with the provisions of this Constitution. In the
absence of the first Vice-President, the second Vice-President shall act
in accordance with the provisions of this Constitution. The Constitution
The present Constitution of the Islamic Republic of Afghanistan was
agreed upon by more than 500 delegates representing Afghan men and
women from across the country at the Constitutional Loya Jirga
(December 13, 2003 - January 4, 2004). The Constitution was formally
ratified by President Hamid Karzai at a ceremony in Kabul on January
26, 2004. The key points of the Constitution are as follows:
• Afghanistan is an Islamic republic with Islam as its "sacred religion"
(Preamble);
• Followers of other religions are free to perform religious ceremonies in
accordance with the provisions of the law (Article two);
• No law shall be contrary to the beliefs and practices of Islam (Article
three);
• Men and women have equal rights and duties before the law (Article
twenty-two);
• Afghanistan will have a presidential system of government (Chapter
three, articles sixtyseventy);
• The president is responsible to the nation and the lower house, or
Wolesi Jirga (Article sixty-nine);
• The president will be directly elected by the Afghan people with two
vice-presidents, who are nominated by presidential candidates when
standing for election (Articles sixty and sixty-one);
• A national assembly will consist of two houses: a Wolesi Jirga or
"house of people" and a Meshrano Jirga or "house of elders" (Article
eighty-two);
• The Wolesi Jirga will be directly elected by the Afghan people (Article
eighty-three);
• The Wolesi Jirga has the authority to impeach ministers (Articles
ninety-one and ninetytwo);
• The president will appoint ministers, the attorney general and central
bank governor with the approval of the Wolesi Jirga (Article sixty-four);
• The President should not hold foreign passport, but if a minister or
ministers hold foreign passport the Wolesi Jirga should vote whether to
approve appointments of ministers holding dual nationality;
• Former king Mohammad Zahir Shah is to be accorded the title "Father
of the Nation" for his lifetime (Article One Hundred fifty-eight);
• Pashto and Dari are the official languages with other minority
languages to be considered official languages in the areas in which they
are spoken (Article sixteen).
The Judiciary The Judiciary in Afghanistan is composed of the Supreme
Court, Courts of Appeal and Primary Courts (Article 116, the
Constitution of the Islamic Republic of Afghanistan, 2004). Travelling
courts may be established when needed, on recommendation by the
Supreme Court and approval of the President (Article 2, Law on the
Organization and Jurisdiction of Courts in Afghanistan):
The Judiciary is empowered to resolve disputes between and among
individuals, legal entities including the state in accordance with law
(Article 120, Afghan constitution, 2004). Cases are resolved in courts
taking into consideration the quality and nature of the case in two stages:
primary and appeal. The Supreme Court deals with the referred cases of
Courts of Appeal only in terms of accurate application of law (to see if
any provision of law is breached or accurately applied). Cases in court
are handled as follows:
• At the primary stage, with participation of three judges, except less
than three judges may decide a case when they are not available.
• At the appeal stage, three judges shall decide any case.
• At the cessation stage, shall take place by two or more persons

The Supreme Court

The Supreme Court constitutes the highest authority of the judiciary of
the Islamic Republic of
Afghanistan. The Supreme Court is composed of nine persons appointed
by the president in an
agreement with Wolesi Jirga (House of People) in accordance with
Article 117 and 118 of the
Constitution. The president shall appoint one of the members as the
chief of the Supreme Court.
Supreme Court Dewans
The Supreme Court consists of the following Dewans (Article 18, Law
on the Organization and
Jurisdiction of Courts in Afghanistan):
• General Criminal Dewan
• Public Security Dewan
• Civil and Public Rights Dewan
• Commercial Dewan
Each Dewan is headed by a member of the Supreme Court; who shall be
appointed for this position
upon the approval from the Supreme Court High Council.
Powers of Heads of Dewans
Each head of the Supreme Court Dewans has the following powers and
duties (Article 19, Law on
the Organization and Jurisdiction of Courts in Afghanistan):
• Leading relevant Dewan's activities.
• Holding and presiding over relevant Dewan's sessions.
• Organize the affairs of the relevant Dewan and submit reports to the
Supreme Court.
Judicial Advisors
The Supreme Court has judicial advisors appointed in any of the
divisions as required. They are
appointed from among those persons who have full qualification,
efficiency and wisdom with
minimum of 15 years of practical judicial service experience.
The Court of Appeals
The Court of Appeals is established in all the provinces in accordance
with this law. The Court of
Appeals is composed of chief of the court, heads of Dewans and other
judicial members. The Head
of the Court of Appeals shall be selected from among the judges who
have enough qualification,
experience and competency. The Head of the General Criminal Dewan
is the deputy head of the
Court of Appeals (Article 31, Law on the Organization and Jurisdiction
of Courts in Afghanistan).
Structure of Dewans of Courts of Appeal
The Courts of Appeal contains the following Dewans (Article 32, Law
on the Organization and
Jurisdiction of Courts in Afghanistan):
• General Criminal Dewan
• Public Security Dewan
• Civil and Family Dewan
• Public Rights Dewan
• Commercial Dewan
• Juveniles Dewan
There cannot be more than six judicial members within each Dewan of
the Court of Appeals.
The Supreme Court may as needed establish other Dewans within the
structure of the Court of
Appeals with the approval of the President.
The Primary Courts
In the jurisdictional area of each Court of Appeals, there are these
primary courts (Article 40, Law
on the Organization and Jurisdiction of Courts in Afghanistan):
• Central Provincial Primary Court
• Juveniles Court
• Commercial Primary Court
• District Primary Court
• Personal Status Primary Court (family affairs)
The Supreme Court may establish more courts in the centers of
provinces when required after
approval of the president.
Primary Court Structure
A Municipal Primary Court comprises of the following Dewans (Article
41, Law on the
Organization and Jurisdiction of Courts in Afghanistan)
• General Criminal Dewan
• Civil Dewan
• Public Rights Dewan
• Public Security Dewan
• Traffic Criminal Dewan
Each of the above division (Dewan) shall be comprised of a head and
maximum of 4 members.
Juvenile Court
There is a juvenile primary court in the center of every province. The
juvenile primary court is
made up of a head and three members. In case the head is absent due to
any reason, his/her powers
and duties shall be transferred to one of the judicially experienced
judges. The method to resolve
juveniles' offences is to be determined by a special regulation (Article
44, Law on the Organization
and Jurisdiction of Courts in Afghanistan):
The Commercial Court
When necessary, a commercial court is to be established in center of
every province. This court
shall have a chief and four other members. In provinces where
commercial court is not available,
dealing with commercial cases is the jurisdiction of the civil Dewan of
the provincial central
primary court (Article 45, Law on the Organization and Jurisdiction of
Courts in Afghanistan):
District Primary Court Structure and Jurisdiction
The District primary court shall consist of a chief and two members. In
the areas where there are
no members available, the cases shall be decided by fewer than three.
The chief of the district
primary court shall lead the court. In his/her absence, the responsibilities
and powers shall be
transferred to the most judicially experienced judge on the court (Article
47, Law on the
Organization and Jurisdiction of Courts in Afghanistan):
District Primary courts shall deal in primary stage with all ordinary
criminal, civil and family cases,
which are legally presented, to them (Article 48, Law on the
Organization and Jurisdiction of
Courts in Afghanistan):
The chief of each Primary Court, heads of Dewans and their judicial
members shall be responsible
for deciding cases in a timely manner according to the law, correct
application of the law, and for
explaining the ground for their decision (Article 52, Law on the
Organization and Jurisdiction of
Courts in Afghanistan):
The decisions of the primary courts are absolute and final in the
following situations (Article 53,
Law on the Organization and Jurisdiction of Courts in Afghanistan):
• When both parties agree upon the issued decision of the court.
• When the time for appealing has expired.
• When the disputed property is worth up to 100,000 Afgs.
• When the order for a cash fine of 50,000 Afgs is issued
• Other situations set forth in law.
There is a Juvenile Primary Court in the center of every province which
shall be made up of a head
and three members. In provinces with high workload, more members
may be appointed as
necessary. When necessary, a personal affairs primary court may be
established in the center of
every province which shall have a head and two members.
CONCLUSION
The movement toward the modernization of the legal system in
Afghanistan during the past forty years was affected while respecting the
political, social, and historical conditions of the country. After the 1964
Constitution, increased modernization became a reality and a solution to
the pressing problems of the times. Therefore, in the last four years the
modernization has been very rapid and the changes have been felt by all.
Although the law of Afghanistan will keep Islamic principles and
Afghan national and historical values as its basic sources, new laws will
be made governing modern life in Afghanistan, adopting theories and
methods of legislation from the Western World. Because of this, the
powers and duties of the legislative and judicial branches in present
Afghanistan are becoming broader and completely different than ever
before. Further, as progressive trends continue, the legal education will
expand and improve.
 Legal Systems of Sri Lanka:
Sri Lanka is an island of diverse race and of various faiths. Because of
this island's rich history and religious combination checked types of laws
are found in its legal system. The body of law consists of various legal
systems such as Roman-Dutch law, English law, Kandian law,
Thesavalamai and Muslim law.
Sri Lanka's legal systems are:
The Roman-Dutch Law:
Roman-Dutch Law reflects an inherited legal tradition in Sri Lanka.
When the statutes and indigenous laws are unable to control the dispute
or problem this rule is used over there. It has created a "distinct legal
community" which is today defined as a "mixed" civil and common law
system. So, the law is called Sri Lanka's "common law."
Theswalamai Law:
It is a traditional law and based on ancient customs of Jaffna Tamils in
Sri Lanka. It applies to Tamil inhabitants of the Jaffna Peninsula in
Northern Sri Lanka. The law is personal in nature thus it applicable
mostly for property, inheritance, and marriage.
Muslim Law:
It is the law relating to family relations which extends to all Sri Lankan
Muslims. Marriage, divorce and other related matters concerning
Muslims are regulated by Marriage and Divorce and any subsequent
modifications. Issues related to interstate succession and donations,
involving Muslims, and any subsequent amendments.
Kandyan Law:
It is one of the three customary laws that apply to ethnic Sinhales and
kingdom of Kandy. It is applicable to the Srilankans who are Buddhist
and former residents of kingdom of Kandy. At present it governs aspects
of marriage, divorce, adoption such as child custody transfer of property
and inheritance.
Kandyan Sinhalese who choose to marry under the General Marriage
Ordinance are governed by Roman-Dutch Law in matters relating to
marriage, divorce, and interstate succession. In matters relating to
marriage , divorce and international succession, Kandyan Sinhalese who
wishes to marry under the General Marriage Ordinance are governed by
Roman-Dutch Law.
English law:
It is one of the laws regulated in Sri Lanka comprising mainly criminal
law and civil law, each branch having its own courts and procedures.
Legislature branch:
The Legislature of Sri Lanka is unicameral, with a Parliament of 226
members elected for 6 year terms by a direct vote. The members of
Parliament then elect a Speaker, Deputy Speaker, and a Chair of
Committees. The President can dissolve Parliament at any time
Judicial branch:
The judicial branch of Sri Lanka is comprised of a Supreme Court, a
Court of Appeals, a High Court, and other courts created by law. It is the
task of these courts to protect and enforce individual rights of the people.
Constitution:
Sri Lanka's Constitution revolves around a President entrusted with
broad executive powers. This has 172 posts, acknowledges Buddhism as
the religion of the state and guarantees a broad variety of fundamental
rights. The Constitution also sets out state and individual
responsibilities.
 Maldives Legal System
Introduction:
Maldives is an island nation in the Indian Ocean neighboring countries
are India and Sri Lanka. Previously, the country was sultanate under
Portuguese and then was British protectorate and obtained independence
in 1965. Islam is the state religion and Dhivehi is a local language.
English is widely spoken and considered as business language. The
country is made up of 1,190 islands in 20 atolls which are spread over
roughly 90,000 square kilometer. Only 192 of the islands are inhabited,
and 70 percent of those have a population of less than 1,000 people.
The Maldives legal system is based on an admixture of Islamic Law and
English common law. English common law greatly influences the civil
and commercial laws of the country.[ CITATION htt4 \l 1033 ]
Legal History of Maldives:
When the British came to control most of the areas of the Indian Ocean
by the late nineteenth century, the Maldivian Sultan entered into an
agreement with the Governor of Ceylon in 1887, which allowed the
country to enjoy the status of a protected state without actually
becoming a protectorate. The British could control external affairs only
and had no authority over the internal affairs of the country. Finally, the
country became independent in July 1965[ CITATION htt1 \l 1033 ].
The Judiciary in the Maldives has been a systematic institution
throughout the history of the nation. It has ever been an institution which
is under the full control of the Head of State and it is still so, to some
degree. However a radical change occurred during the past decades. It is
the introduction of the English legal system into the country; a result of
the Maldivian society coming in close contact with the outside world.
Consequently, the present legal system of the country is an admixture of
not only Shari’ah and customs, but the English legal system also.
The legal system structure in Maldives is as follows:
Supreme Court:
The Supreme Court as stipulated in Article 141 of the Constitution is the
highest authority for the administration of justice in the Maldives. The
Supreme Court is the highest authority for the interpretation, protection
and enforcement of the Constitution, and also plays a critical role in the
administration of the court system. Its constitutional mandate is to
protect the fundamental rights of all citizens, to resolve legal disputes in
a fair and transparent manner, and to ensure justice through an
independent, honest, and effective judicial system. There are 5 sitting
justices in the Supreme Court.
High Court:
The High Court of the Maldives comprises of 11 judges. If a ruling of a
lower court has been appealed to the High Court, the High Court has the
power to review the decision of the lower court to check the
constitutional and legal validity of the decision and to overturn such a
decision. The High Court also has the jurisdiction to enquire into and
rule on the constitutional validity of any Law or part of a Law.

Subordinate Courts:
The subordinate courts of the Maldives are the five superior courts,
which is based in Malé and the magistrate courts in each inhabited
island.
The five superior courts situated in Male are:
  o the Criminal Court
  o the Civil Court
  o the Family Court
  o the Juvenile Court
  o the Drug Court

• Magistrate courts are located in each inhabited island. Presently there

are 132 sitting Magistrates in 187 Magistrate Courts in the country.

MALDIEVES
 Legal system of People's Republic of Bangladesh:
Constitution:
The Constitution was adopted on November 4, 1972 and has undergone
fourteen amendments. President Ziaur Rehman amended the constitution
in 1977 to remove the principle of secularism that had been enshrined in
Part II: Fundamental State Policy, replacing it with "absolute trust and
faith in Almighty Allah." The Eighth Amendment of 1988 inserted
Article 2A, affirming that, "[t]he state religion of the Republic is Islam,
but other religions may be practiced in peace and harmony in the
republic." Some women’s groups challenged this move on the grounds
that it risked exposing women to discriminatory laws.

Constitutional status of Islamic law:

The Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of
1937) is still an existing law in Bangladesh providing for the application
of Muslim Personal Law in all matters relating to Muslim Family
Affairs.

Government:
The president, while chief of state, holds a largely ceremonial post; the
real power is held by the prime minister, who is head of government.
The president is elected by the legislature (Parliament) every 5 years.
The president's circumscribed powers are substantially expanded during
the tenure of a caretaker government. Under the 13th Amendment,
which Parliament passed in March 1996, a caretaker government
assumes power temporarily to oversee general elections after dissolution
of the Parliament. In the caretaker government, the president has control
over the Ministry of Defense, the authority to declare a state of
emergency, and the power to dismiss the chief adviser and other
members of the caretaker government. Once elections have been held
and a new government and Parliament are in place, the president's
powers and position revert to their largely ceremonial role. The Chief
Adviser and other advisers to the caretaker government must be
appointed within 15 days from the day the current Parliament expires.
 
Parliament, the jatiya sangsad:
The legislature is a unicameral, 300-seat body. All of its members are
elected by universal suffrage at least every five years. Parliament
amended the constitution in May 2004, making a provision for adding
45 seats reserved for women and to be distributed among political
parties in proportion to their numerical strength in Parliament. The
Awami League did not take its share of the reserved seats, arguing that
they did not support the indirect election or nomination of women to fill
these seats. Several women's groups also demanded direct election to fill
the reserved seats for women.
All citizens of Bangladesh of and above the age of 18, who have
registered themselves as voters, form the electorate. Each constituency
elects one Member of Parliament on the basis of direct election. All
citizens of Bangladesh having attained the age of 25 qualify to be
elected to Parliament. Those disqualified include the insane, un-
discharged bankrupts, persons who on conviction for a criminal offence
involving moral turpitude have been sentenced to imprisonment for not
less than two years unless five years have elapsed since their release,
persons owing allegiance to a foreign state, and persons holding an
office of profit in the service of the Republic.

Court system and case laws:

The legal system of Bangladesh is based on a common law system.
However, unlike other common law jurisdictions, Bangladesh’s
Supreme Court has the power to not only interpret laws made by the
Parliament, but to also declare them null and void and to enforce
fundamental rights of the citizens. Although founded on the English
common law system, the laws of Bangladesh take a statutory form,
which are enacted by the legislature and interpreted by the higher courts.
 There are strong legal obligations for the codification, translation and
publication of laws. For example, Section 6 of the Bangladesh Laws
(Revision and Declaration) Act, 1973 (Act no. VIII of 1973), provides
that, "all Acts of Parliament, Ordinances and President's Order in force
in Bangladesh shall be printed in chronological order under the name
and style of Bangladesh Code.

The supreme court of Bangladesh:

The Judiciary of Bangladesh consists of a Supreme Court, subordinate
courts and tribunals. The Supreme Court of Bangladesh is comprised of
the Appellate Division and the High Court Division. It is the apex court
of the country; other courts and tribunals are subordinate to it.

The subordinate courts and tribunals:

There are a wide variety of subordinate courts and tribunals. Such courts
and tribunals are the products of statutes. Their powers, functions and
jurisdictions are also determined by the respective statutes. These are the
basic courts in the system of the judiciary of Bangladesh. The major
bulk of the cases, both civil and criminal, are tried and heard in such
courts and tribunals. Certain tribunals are termed as administrative
tribunals. Such courts and tribunals are spread all over the country at the
district levels. The subordinate courts in Bangladesh can be divided into
two broad classes, namely: civil courts and criminal courts.

Civil courts:
The civil court system is more popularly known as the subordinate
judiciary. The civil courts are created under the Civil Courts Act of
1887. The Act provides for five tiers of civil courts in a district, which
bottom up are:
 
i) Court of assistant judge;
ii) Court of senior assistant judge;
iii) Court of joint district judge;
iv) Court of additional district judge; and,
v) Court of district judge.
 

Codes and law reports:

In Bangladesh, the law reports are published according to the provisions
of the Law Reports Act, 1875. There are at least six law reports now in
Bangladesh, the most popular one is the Dhaka Law Reports (popularly
known as DLR) which started its publication in 1948. Bangladesh Legal
Decisions (BLD) is published under the authority of the Bangladesh Bar
Council. The other law reports are Bangladesh Law Chronicles, Law
Guardian, Bangladesh Law Times, and the Mainstream Law Reports.
Even after the establishment of the Supreme Court of Bangladesh in
1972, a law report was published for a few years under the supervision
of the Supreme Court. But that did not continue for long. These Law
Reports basically contain the judgments, orders and decisions of the
Supreme Court of Bangladesh.
 
Law commission – Bangladesh:
The law of the land in a dynamic society requires that it be constantly
reviewed by an authority which is manned by persons possessing an
adequate and thorough knowledge of law and the society in which it
operates. Reflecting this, different countries at different times felt the
need to establish a law reform agency; Law Commissions have been set
up to fulfill this need. The Law Commission in Bangladesh came about
in just such a historic process.

Arbitration law in Bangladesh:

In Bangladesh, the present law of arbitration is contained mainly in the
Arbitration Act, 1940, there being separate Acts dealing with the
enforcement of foreign awards.  There are also stray provisions as to
arbitration, scattered in special Acts.  Three types of arbitration are
contemplated by the Arbitration Act of 1940, namely: (i) arbitration in
the course of a suit; (ii) arbitration with the intervention of the court;
and, (iii) arbitration otherwise than in the course of a suit and without
the intervention of the court. In practice, the last category attracts the
maximum number of cases.
Legal system of the Kingdom of Bhutan:
Political system of Bhutan:
The modern political history of Bhutan started from 1907 when the
Bhutanese people unanimously enthroned Ugyen Wangchuck as the first
hereditary King of Bhutan and later on by the successive monarchs of
under the Wangchuck dynasty. In 1953, the Third King Jigme Dorji
Wangchuck established the National Assembly (Tshogdu) in order to
ensure a more democratic governance of the country. Every Gewog, a
group of villages and an intermediate geographic administrative unit
between dzongkhag and village, had an elected member representing the
National assembly to enact laws and to discuss issues of national
importance. In the year 1963, Royal Advisory Council (Lodoe Tshogde)
was established as a link between the king, council of ministers and the
people. The process of decentralization was extended by the Fourth King
Jigme Singye Wangchuck in 1981 through the establishment of the
Dzongkhag Yargay Tshogdu (District Development Assembly) and in
1991 through Gewog Yargay Tshogchung (County Development
Assembly).
 
Finally, in 1998, the King handed over the power to rule the county to
the cabinet ministers and he started to serve as the Head of the State
while the government was managed by the Prime Minister. The process
of drafting the Constitution of Bhutan was started because of a Royal
command towards the enactment of a formal constitution from 2001
through a 39-member Constitution Drafting Committee comprising
elected members of the people, monastic body, the judiciary and the
executive arms of the government, headed by the Chief Justice of
Bhutan, chief justice Lyonpo Sonam Tobgye. Finally, the Constitution
of Bhutan was signed in a historic and sacred ceremony on 18 th July,
2008.
In 2008, Bhutan witnessed a major shift in its political system with the
first elections launched countrywide with a 79 percent voter turnout. The
Druk Phuensum Tshogpa won a landslide victory to form Bhutan's first
democratic government. Today with 45 elected members, Lyonchen
Jigme Y Thinley steers the government with just two opposition
members from the People’s Democratic Party.

Legislature in Bhutan:
Article 10 of the Bhutanese Constitution, 2008 provides for a bi-cameral
Parliament which consists of Druk Gyalpo (the King of Bhutan), the
National Council, which is the  upper house and the National
Assembly, which is the lower house shall have all legislative powers
under this Constitution. It is the responsibility of the Parliament to
ensure that the Government safeguards the interests of the nation and
fulfils the aspirations of the people through public review of policies and
issues, Bills and other legislations, and scrutiny of State functions. The
members of Parliament shall be elected according to the Electoral Laws
of the Kingdom. Article 11 deals with National Council whereas article
12 deals with the National Assembly. The tenure of both these houses is
five years.
 
Executive in Bhutan:
The government of Kingdom of Bhutan is of parliamentary form. The
head of the State is the Druk Gyalpo (the King), whereas the head of the
Government is the Prime Minister. Until the 1950s, Bhutan was an
absolute monarchy whose sovereign was styled the Druk
Gyalpo (“dragon king”).
 
Bhutanese legal system:
Zhabdrung Ngawang Namgyal promulgated the first set of Bhutanese
laws, the codification of which was completed in 1652 during the reign
of the first temporal ruler, Deb Umzed Tenzin Drugyel. The Code,
which serves as the foundation of the contemporary Bhutanese legal
system, was based closely on Buddhist principles and addressed the
violation of both temporal and spiritual laws. These laws contain
specific reference to the ten pious acts, known as Lhachoe Gyewa Chu
and the sixteen virtuous acts of social piety, referred to as the Michoe
Tsangma Chudrug.

The judiciary:
The missions & objectives of the Judiciary of Bhutan is to (a)
Safeguard the sovereignty, maintain peace and tranquility in the
Kingdom of Bhutan by rendering effective justice; (b) create
reliable, fair and efficient justice system; (c) Administer justice
impartially and fairly irrespective of language, religion, race or
social class; (d) Administer justice independently in accordance with
the law; (e) Improve accessibility to Justice by making Courts user
friendly; (f) Uphold and protect Due Process of Law, Fair Trial,
Rule of Law and Review system; (g) Inspire and build public
confidence and trust through continuing professionalism; (h)
Improve legal language and retain Bhutanese terminology that
reflect and command Bhutanese values; (i) Harness technology for
efficiency and cost effectiveness; (j) Improve infrastructures and
capacity building; (k) Make judicial process responsive, effective,
faster, better, and easier; and (l) Impart legal Education.

The structure of the courts:

The Bhutanese legal system has a four-tier court system, Supreme Court,
the High Court, the Dzongkhag Courts, the Dungkhag Courts. The
Supreme Court is the highest in the hierarchy, followed by the High,
Dzongkhag and Dungkhag Courts. There are no courts or tribunals of
special jurisdiction in Bhutan.
 

The supreme court:

The Supreme Court is the highest court of law in Bhutan and is presided
over by the Chief Justice of Bhutan. It has appellate, advisory and extra-
territorial jurisdiction. Where a particular case is not covered or is only
partially covered by any law in force and is not otherwise excluded from
adjudication, the Supreme Court has original jurisdiction over it. The
Supreme Court is a court of record and is the guardian of the
Constitution and the final authority on its interpretation. (Article 1, the
Constitution of Bhutan, 2008).
The high court:
The High Court, established in 1958, is made up of three Benches. A
minimum of two judges comprises a Bench. Like the Supreme Court, the
High Court exercises original, appellate and extra-territorial jurisdiction.
It also possesses inherent powers and exercises extra-territorial
jurisdiction on the basis of international law principles. It presently
stands at the apex of the Bhutanese judicial system and is presided over
by the Chief Justice of Bhutan.

The Dzongkhag court:

Subordinate to the High Court in Bhutan, there is a Dzongkhag or
District Court in each Dzongkhag (presently, there are total twenty). The
first Dzongkhag Court was established in 1960/61. Usually, the
Dzongkhag Court is made up of one Bench, though there are some
Dzongkhag Courts that have division Benches. The Dzongkhag Court
exercises original jurisdiction in all cases within its territorial
jurisdiction and hears appeals from an order of Judgment of a Dungkhag
court. Such Courts presided over by a Dzongkhag drangpon who is
assisted by one or more drangpon rabjams.
 

The Dungkhag court:

The Dungkhag or Sub-District Court, presided over by a Dungkhag
Drangpon, established in 1978, is the lowest formal court in Bhutan. At
present, there are three such courts in the country having original
jurisdiction in all cases within their territorial jurisdiction.
 

The Registrar general:

The Registrar General, appointed by the Chief Justice of Bhutan for a
period of three years, heads the administrative and finance division of
the Courts. He is supported by other administrative staff, and is
responsible for the overall administrative work in the Supreme Court
and the subordinate Courts. His responsibility includes the appointment,
transfer, supervision and Human Resource Development of Court staffs.

Trial system of court:

The Bhutanese legal system is primarily based on the adversarial system
of procedure with some elements of the inquisitorial system. The courts
take no sides and the judges are umpires of the litigants. The judges
allow uninterrupted hearing to the litigants or their jabmis (counsel).
They are given opportunity to make presentation to the Court and
answer questions posed by the judges. The plaintiff and the defendant or
their jabmis can submit evidence to substantiate their legal contentions
and the Courts decide cases based on the facts and issues submitted by
the parties.
Thus, the burden to proof beyond reasonable doubt lies on the
prosecutor in a criminal case and on the plaintiff to prove his case by a
Fair Preponderance of the Credible Evidence in a civil action.
 REFERENCES
 https://www.globalsecurity.org/military/world/pakistan/legal-system.htm.
 https://en.wikipedia.org/wiki/Judiciary_of_Pakistan.
 https://en.wikipedia.org/wiki/Judiciary_of_the_Maldives.
 https://www.nyulawglobal.org/globalex/Maldives.html#:~:text=12.-,The
%20Court%20System,located%20in%20the%20Capital%20Male'.
 https://www.supremecourt.gov.mv/en/structure-of-courts.html.

 Sirat, Abdul Satar, Islamic Law in Modern Legislation (Kabul: Afghan

Govern- ment Press, 1964).

 Constitution of Afghanistan, Article 1 (Kabul: Government Printing,

1964).

 https://www.nyulawglobal.orgLglobalex/ Nepal.html

 https://www.indexmundi.com > nepalNepal Legal system - Government -

IndexMundi hrlibrary.umn.edu > srilanka > legal...Sri Lankan legal
system - University of Minnesota Human Rights Library

 https://www.researchgate.net > 3284... (PDF) The legal system of Sri

Lanka – ResearchGate

 https://www.nyulawglobal.org/globalex/Bangladesh.html#:~:text=Court
%20System%20and%20Case%20Laws,fundamental%20rights%20of
%20the%20citizens.
 https://www.nyulawglobal.org/globalex/Bhutan.html