FEDERAL URDU UNIVERSITY OF

ART SCIENCE AND TECHNOLOGY

( FUUAST )

Topic :1.UNIVERSITYthe Various School of Legal thoughts and Sources of Law?

2. features of Constitution of Pakistan 1956, 1962 and 1973.

3.Define Objective Resolution-1949 and interim Constitution of 1972 and importance of government of India
Act -1935 at the time of 1947.

4.Define state in purview of Montevideo Convention of-1933 and discuss on the functions of bicameral
legislative organs of Pakistan?

5.What is command theory and discuss criminal justice system of Pakistan?

6. role of Parliament in the federal legislation and define “ordinance”?

7.Is a judge of initial trial court source of law? And elaborate judge made source of law and is “Question of
law” and “Principle of law” compulsory to set the “precedents” by the constitutional Courts?

Submitted by :IQRA GUL SAEED .

Submitted to : SIR MUSTAFA HOSSEIN ( Professor introduction to law , fuuast )

INTRODUCTION TO LAW

Q# 01 Elaborate the Various School of Legal thoughts and Sources of Law?

Although a definition of regulation has been given previously, it’s miles at quality an ad-hoc
definition. It may be stated that there are as several definitions of regulation as there are
lawyers. This phase offers with the information of regulation consistent with the views of
various people.

Other School of Legal thoughts:

The Natural Law :

 This college of idea has many proponents, starting from Thomas Aquinas, Socrates,
Aristotle, Cicero, John Finn, St. Augustine etcetera, who accept as true with that there may
be a generic regulation from a supernatural being that’s observed via way of means of
purpose or rationalization. It additionally derives its announcement from the belief that nature
is perfect, and people have to behave and be guided via way of means of it of their
difference among what is right and evil.

Positive law:

The positivist philosophy believes in a formalized, static or mathematical shape of

regulation. They consider that regulation is made via way of means of a sovereign, who
serves because the handiest supply of its validity, who imposes each the regulation and it’s
sanctions at the humans whilst himself is exempted from the regulation. They presuppose
that each time the sovereign or sole authority lays down a rule or regulation, it’s miles
insignificant whether or not the regulation evinces the hobby of the humans or not; whether
or not ethical or not. Some of the proponents of this philosophy are, John Austin, Hans
Kelsen, H .L.A Hart.

Sources of Law

Each usa’s prison device has its personal reassets of regulation, with extra weight located on
a few reassets than others. In growing an infrastructure project, it’s far vital to become aware
of which reassets of regulation practice with inside the host usa and their relative weighting.
The following are the maximum not unusual place reassets:

Legislative Enactment – Statute

Legislation is the second one key supply of regulation and commonly takes precedence over
reassets of regulation apart from the Constitution. There can be a couple of legislative frame
in a country – central, provincial or kingdom and municipal government might also
additionally every have separate strength to legislate. Rules will decide the volume to which
and in what regions one legislative frame has precedence over another.

Judicial Decisions

In a few countries, judicial choices are authoritative and become a supply of regulation
regarded as “case regulation”. Case regulation may also increase the utility of regulation and
is deemed to shape a part of the regulation. In different jurisdictions (in particular civil
regulation jurisdictions) judicial choices are officially simplest deemed to interpret the present
regulation and aren’t a binding supply of regulation, despite the fact that in exercise they’re
regularly handled as authoritative.

• Primary Sources of Law

• Primary reassets of regulation are constitutions, statutes, policies, and cases.
Lawmaking powers are divided amongst 3 branches of government: govt; legislative;
and judicial. These 3 branches of government, whether or not federal or state, create
number one reassets of regulation. The govt department creates administrative
regulation, that is posted as policies or govt orders and directives. The President of
America makes govt orders and directives. Administrative corporations of the
government (for example, the Environmental Protection Agency or EPA) makes
guidelines and policies.
 • The legislative department creates laws (“statutes”) which can be surpassed and
posted as statutes

• . The judicial department creates regulation with inside the shape of decisions,
additionally called “opinions” and “cases,” which can be posted in case reporters.
Judges create and form the “not unusual place regulation.” In a not unusual place
regulation system, the regulation is expressed in an evolving frame of doctrine
decided through judges in particular cases, in preference to in a set of prescribed
summary principles. The not unusual place regulation grows and adjustments over
time.
• Primary re assets of regulation in criminal studies vocabulary are the texts of
enactments via way of means of governments containing regulations that govern a
kingdom jurisdiction.
•Each department of government, each on the federal and provincial level, produces
regulation.
RELIGION

• Religious regulation consists of moral and ethical codes taught through non secular
traditions. Different non secular structures preserve sacred regulation in a more or
lesser diploma of significance to their perception structures, with a few being explicitly
antinomian while others are monistic or
“legalistic” in nature

Questions No(02)

Salient features of Constitution of Pakistan 1956, 1962 and 1973.

Salient features of constitutions of 1956, 1962, and 1973 provided: a condition of being a
Muslim above age 40 to become the head of the executive and state. Legislation in alignment
with Islamic laws and repealing of laws repugnant to Islam. Objectives Resolution 1949 as part
of the preamble.

• Comparative Analysis of Pakistan’s Constitutions

Initial two constitutions were abrogated, 1973 contitution is still in function with more than 20
amendments

This article provides a comparative analysis of the constitutions of Pakistan

promulgated at different times.
 • Background

Since independence, Pakistanis saw the promulgation of three constitutions

in Pakistan including the 1973 constitution which still is in action as law of the land.
The first constitution was promulgated in 1956, the second in 1962, whereas the third
and current constitution in 1973. As per their date of promulgation, they are also
called the 1956 constitution, the 1962 constitution, and the 1973 Constitution
respectively.
The 1956 Constitution lasted only for two years as then-president Iskandar Mirza
abrogated by imposing the first Martial Law in the country. After four years of his rule,
Field Marshal Ayub Khan introduced the 1962 Constitution which remained enforced
as long as Ayub was in power.

When Bhutto came to power in 1971, his government promulgated the 1973
constitution with the complete consent of the opposition parties in the parliament.
Despite military coups and a number of amendments by military rulers, the 1973
constitution stills act as the constitution of Pakistan.
• Comparison of all three constitutions of Pakistan Similarities
among the constitutions

• All the three constitutions of 1956, 1962, and 1973 provided:

• A condition of being a Muslim above age 40 to become the head of the executive
and state.

• Legislation in alignment with Islamic laws and repealing of laws repugnant to Islam.

• Objectives Resolution 1949 as part of the preamble.

• Elections on basis of Universal suffrage.
• That Pakistan would be named the Islamic Republic of Pakistan.

Differences among 1956, 1962, and 1973 constitutions

1956 constitution

1962 constitution
1973 constitution

1) 1956 Constitution

• President was more powerful. He could choose Prime Minister from National
Assembly. He also had the power to dismiss PM, the government, and the assembly.
 • Provision of Parliamentary form of government.
• It provided One house parliament/unicameral legislature. There would be only a
national assembly
• Urdu and Bengali were declared as National languages
• ovision with regard to the definition of a Muslim.
• It provided that people will directly elect members of the national assembly
• No was no mention of Islam as the official religion of the state
2) 1962 Constitution.

• It did not provide the post of PM. President on all-powerful with authority to choose
members of National and provincial assemblies.
• Provision of unicameral legislature called National Assembly.
• Provision of Presidential form of government
• Urdu and Bengali were declared as national languages
• It provided that only President could nominate members of his cabinet and provincial
assemblies from more than 80,000 Basic democracies.
• No mention of Islam as the official religion of the state

3) 1973 Constitution

• The post of president would be symbolic. The Prime minister would be more
powerful. The National Assembly would elect him. The president would act only with
the advice of the Prime minister.
• It also provided a parliamentary form of government
• Two-house parliament consisting of Senate (upper house) and National Assembly
(Lower House)
• Only Urdu declared as national languages as Bengali speaking East Pakistan had
seceded from West Pakistan
• Like the 1956 constitution and unlike the 1962 constitution, the 1973 constitution
provided that people will directly elect members of both national and provincial
assemblies
• Islam would be the official religion of the state.

(Question No: 03)

Define Objective Resolution-1949 and interim Constitution of 1972 and importance of

government of India Act -1935 at the time of 1947.
Objective Resolution-1949:
Objective Resolution changed into offered with in side the Constituent Assembly with the aid
of using Liaquat Ali Khan on March 7, 1949, and changed into debated for 5 days with the
aid of using the contributors from each the treasury and competition benches. The decision
changed into in the long run exceeded on March 12. Following have been the principle
capabilities of the Objectives Resolution: The sovereignty of the complete Universe belongs
to Allah alone Authority must be delegated to the State via its humans below the regulations
set with the aid of using Allah The Constitution of Pakistan must be framed with the aid of
using the Constituent Assembly The country must exercising its powers via the selected
representatives Principles of democracy, freedom, equality, tolerance, and social justice, as
inshore with the aid of using Islam must be followed Muslims shall stay their lives in keeping
with the coaching of the Quran and Sunnah Minorities can freely profess and exercise their
religion. There must be a federal shape of presidency with the most autonomy for the Units
Fundamental rights which includes equality of status, of possibility and earlier than
regulation, social, economic, and political justice, and freedom of thought, expression, belief,
faith, worship, and association, situation to the regulation and public morality must accept to
all of the residents of the country. It will be the obligation of the country to protect the hobbies
of minorities, backward and depressed classes. Independence of judiciary must be
guaranteed The integrity of the territory and sovereignty of the united states of America
changed into to be safeguarded The humans of Pakistan might also additionally prosper and
achieve their rightful and venerated location among the countries of the sector and make
their complete contribution in the direction of worldwide peace and development and
happiness of humanity.

The Constituent Assembly of Pakistan surpassed the Objectives Resolution in 1949. This
Resolution changed into designed, in part, to function a framework for the drafting of
Pakistan’s first charter, an workout that proved agonizingly difficult. It took 9 years from
Partition for the Second Constituent Assembly (the primary changed into brushed off in
1954) ultimately to agree upon a draft of a charter. To the ones advocating the adoption of
an Islamic charter, the consequent 1956 report changed into disappointing. Indeed, the
Objectives Resolution changed into relegated to the reputation of a preamble. Similarly, the
Objectives Resolution changed into protected simply as a preamble within side the 1962,
period in-between 1972, and 1973 constitutions.

The query whether or not the Objectives Resolution as preamble furnished a foundation to
venture different provisions of Pakistan’s charter changed into spoke back certainly and
unequivocally in 1973 with the aid of using the Supreme Court in State vs. Zia-ur-Rehman. In
its choice the courtroom docket dominated that the Objectives Resolution as preamble does
now no longer preserve sway over the “everyday written charter.”
From the choice of Chief Justice Hamoodur Rehman: The Objectives Resolution of 1949,
although it is a report which has been commonly everyday and has in no way been repealed
nor renounced, will now no longer have the identical reputation or authority because the
charter itself till it's far included and made part of it. If it seems best as a preamble to the
charter, then it's going to serve the identical cause as another preamble serves, particularly
that within side the case of any doubt as to the rationale of the lawmaker, it is able to be
checked out to envision the actual rationale, however it can't manipulate the considerable
provisions thereof. However, in 1985 the “restored charter” of President Zia included the
textual content of the Objectives Resolution as Article 2-A. It is on the premise of this
revision that the doctrine of the supra- constitutionality of the Objectives Resolution relies.
Interim Constitution of 1972

On 17th April 1972 an Interim Constitution was adopted by the National Assembly, which
provided for a Presidential form of Government. ... This Constitution, called the Constitution
of the Islamic Republic of Pakistan 1973, was promulgated on 14th August 1973.

The period in-between charter furnished for a presidential shape of government. The
president become required to be a Muslim of at the least forty years who become
additionally the ideal commander of armed forces. The president elected for five years
become assisted with the aid of using a council of ministers every of which become required
to be a member of the countrywide assembly. It method the charter afforded a presidential
device with a mix of the parliamentary device because it made the cupboard or the council of
ministers accountable to the parliament. Moreover, the workplace of the vice-president
become additionally given. A unicameral legislature empowered to legislate on all topics or
topics blanketed withinside the federal and the concurrent lists.

Similarly, within side the provinces, a unicameral legislature became provided. The
assemblies elected within side the 1970’s election had been to represent the provincial
assemblies below the period in-between constitution. They had been empowered to legislate
on topics written withinside the provincial legislative listing and the concurrent listing.
Moreover, the parliamentary gadget became delivered on the provincial levels. Governor
became the pinnacle of the provincial government aided with the aid of using a council of
ministers headed with the aid of using the leader minister. The council became together
accountable to the provincial assembly.

On the day, the interim constitution was adopted by the national assembly a committee for
drafting the permanent constitution was also constituted. Abdul Hafiz Pirzada was the
chairman of this committee. Irrespective of all given difficulties, the permanent constitution
was adopted by the assembly and replaced the interim constitution on 14th Aug 1973.

The Indian Independence Act, which was based on the Mountbatten plan of June 3, was
passed by the British parliament on July 5, 1947 and received royal assent or approval on
July 18, 1947.

After an extensive and almost a century-long freedom movement, the British were finally
convinced that the government and the ruling authority had to be passed on to Indian hands.
On February 20, 1947, the British House of Commons had declared their intention of
abandoning the authority over the Indian sub-continent.

The then-British Prime Minister Clement Attlee announced that Lord Mountbatten will be
sent to make the final arrangements to transfer the power. Mountbatten arrived in India with
a colossal task at hand. He was particularly instructed to pass on the authority with minimal
damage to the British reputation. The House of Commons and Prime Minister Attlee had
given him a time window of one year to follow the proper procedure of handing over a united
India. Mountbatten was granted
"plenipotentiary powers" or "discretionary powers" that were far superior than what the
previous viceroys of India had.
 Upon his arrival in India, Mountbatten concluded that the situation was too volatile for a
gradual transfer of Independence. After completing his own calculations and meetings with
the prominent leaders of the Indian Freedom movement, he presented his plan of
transferring independence on June 3, 1947. The Mountbatten Plan or 3 June Plan was
supposed to have a quick execution. He believed that the partition of India and the creation
of Pakistan couldn't be avoided.

In the evening of June 3, Mountbatten broadcasted over the All-India

Radio. He explained the cause of partition saying,
"To my great regret it has been impossible to obtain agreement either on the Cabinet
Mission Plan, or any plan that would preserve the unity of India. But there can be no
question of coercing any large areas in which one community has a majority to live
against their will under a government in which another community has a majority. And
the only alternative to coercion is partition."

The Mountbatten Plan was accepted by both Nehru and Jinnah and shortly after the approval,
the House of Commons enacted the Indian
Independence Act of 1947, which received the royal assent on July 18 in 1947.

Here's a list of the salient features of the Indian Independence Act of 1947:

• The partition of the Indian state and the creation of Pakistan was to come into effect from
August 15, 1947
• The British government were to officially give up every authority to these newly created
dominions
•
• The new states were fully authorised to form their own constitution and constituent
assemblies
• The Act had the entire procedure of transferring the powers to the constituent assemblies
•
• The states could opt out of the Commonwealth membership at any instance after
independence
• A new Boundary Commission would be appointed to demarcate the line between the
provinces of Punjab and Bengal
• Following the Act, the Radcliff Boundary Commission was appointed and the boundary line
separating India and Pakistan was created
• Lord Mountbatten was the first Governor General of India, whereas Mohammad Ali Jinnah
became the first Governor General of Pakistan.
(Question No: 04)

Define state in purview of Montevideo Convention of-1933 and discuss on the functions
of bicameral legislative organs of Pakistan?

The country as someone of global regulation ought to own the subsequent qualifications: a.
a everlasting population; b. a described territory; c. government; and d. ability to go into into
family members with the opposite states. The federal country shall represent a sole
individual withinside the eyes of global regulation.The political lifestyles of the country is
impartial of popularity by means of the opposite states. Even earlier than popularity the
country has the proper to protect its integrity and independence, to offer for its conservation
and prosperity, and therefore to prepare itself because it sees fit, to legislate upon its
interests, administer its services, and to outline the jurisdiction and competence of its courts.
The exercising of those rights has no different obstacle than the exercising of the rights of
different states in step with global regulation. States are juridically identical, revel in the equal
rights, and feature identical ability of their exercising. The rights of every one do now no
longer rely upon the strength which it possesses to guarantee its exercising, however upon
the easy reality of its lifestyles as someone beneathneath global regulation. The essential
rights of states aren't inclined of being affected in any way whatsoever. The popularity of a
country simply means that the country which acknowledges it accepts the character of the
opposite with all of the rights and obligations decided by means of global regulation.
Recognition is unconditional and irrevocable. The popularity of a country can be specific or
tacit. The latter outcomes from any act which suggests the goal of spotting the brand new
country. No country has the proper to interfere withinside the inner or outside affairs of some
other. The jurisdiction of states in the limits of country wide territory applies to all of the
inhabitants. Nationals and foreigners are beneathneath the equal safety of the regulation and
the country wide government and the foreigners might not declare rights different or extra
widespread than the ones of the nationals. The number one hobby of states is the
conservation of peace. Differences of any nature which get up among them ought to be
settled by means of diagnosed pacific methods. The contracting states truly set up as the
guideline of thumb in their behavior the perfect responsibility now no longer to understand
territorial acquisitions or unique benefits that have been received by means of pressure
whether or not this is composed withinside the employment of arms, in threatening
diplomatic representations, or in every other powerful coercive measure. The territory of a
country is inviolable and might not be the item of navy career nor of different measures of
pressure imposed by means of some other country immediately or in a roundabout way or
for any purpose anything even temporarily. The gift Convention shall now no longer have an
effect on duties formerly entered into by means of the High
Contracting Parties by means of distinctive feature of global agreements.
The gift Convention will be ratified by means of the High Contracting
Parties in conformity with their respective constitutional procedures. The Minister of Foreign
Affairs of the Republic of Uruguay shall transmit actual licensed copies to the governments
for the aforementioned motive of ratification. The tool of ratification will be deposited
withinside the information of the Pan American Union in Washington, which shall notify the
signatory governments of stated deposit. Such notification will be taken into consideration as
an alternate of ratifications. The gift Convention will input into pressure among the High
Contracting Parties withinside the order wherein they deposit their respective ratifications.
The gift Convention shall continue to be in pressure indefinitely however can be denounced
with the aid of one year's observe given to the Pan American Union, which shall transmit it to
the opposite signatory governments. After the expiration of this era the Convention shall give
up in its consequences as regards the birthday birthday celebration which denounces
however shall continue to be in impact for the ultimate High Contracting Parties. The gift
Convention will be open for the adherence and accession of the States which aren't
signatories. The corresponding units will be deposited withinside the information of the
Pan American Union which shall talk them to the opposite High
Contracting Parties. In witness whereof, the subsequent
Plenipotentiaries have signed this Convention in Spanish, English, Portuguese and French
and hereunto affix their respective seals withinside the town of Montevideo, Republic of
Uruguay, this twenty sixth day of December, 1933.

Legislature Organization and Functions In a democracy generally, the following are the
functions of Legislature:

(1) Law Making: In modern times the most important function of legislature is law making.
Ordinary Bills can be introduced by the members of the Parliament and by the Ministers,
while Money Bills can be introduced only by the Ministers in the Lower House. The Members
of the Legislature can by a majority vote accept or reject any Bill. The Members of
Legislature or the Parliament enjoy full freedom of speech and also of criticism of the policies
of the government.

(2) Control over the Budget: The legislature has control over the budget of the executive
(Government) and without its approval the executive cannot spend even a single ‘penny’. In
England and India, the Members of the Parliament can impose a cut on any demand on the
budget but they cannot increase it.

(3) Control over Executive: In a Parliamentary Government the Legislature or the Parliament
exercises full control over the executive or the Council of Ministers. The Parliament has the
right to put Questions and Supplementary Questions to the Cabinet. The Parliament can
remove the Cabinet by a No- Confidence Motion. It can bring in Adjournment Motions and
Censure Motions against the Cabinet. The Parliament can appoint a committee to
investigate the affairs of the ministers. It also acts like a mirror of the public opinion.

(4) Judicial Functions: In certain countries the legislature has to perform certain judicial
functions. For example, in India and America the Parliament and the Congress can remove
the President by a process of
Impeachment. In England, the House of Lords is the final Court of Appeal. In Canada, the
Upper House, i.e. the Senate hears the divorce cases. In Switzerland, the Federal Assembly
has the power to interpret the Constitution.

(5) Electoral Functions: In certain countries, the legislature elects the President, the Vice-
President and the Judges. In India, the Parliament takes part in the election of the President
and the Vice-President. In the election of the President, besides the Parliament, the State
Legislatures also take part, but in the election of the Vice- President, only the Parliament
takes part. In Russia, the Judges of the Supreme Court are elected by the Parliament of that
country. In Switzerland also the members of the Executive and Federal Tribunal are elected
by the members of Parliament. Formerly, in China the President was elected by the
Parliament.
(6) Amendment of the Constitution: In every democracy, the power to amend the constitution
rests with the legislature of that country. The only difference is that in some countries, a
similar procedure is adopted as that for the amendment of ordinary laws. In some other
countries a special procedure is adopted for the amendment of the constitution. In our
country, the Parliament can amend certain clauses of the constitution with a two thirds
majority and for amending certain clauses; the approval of one half of the state legislatures is
needed. Unicameral legislature In government, unicameralism (Latin uni, one + camera,
chamber) is the practice of having one legislative or parliamentary chamber. Thus, a
unicameral parliament or unicameral legislature is a legislature which consists of one
chamber or house.

• Armenia, Bulgaria, Denmark, Hungary, Monaco, Ukraine, Serbia, Turkey, and Sweden
have unicameral systems

. • Smaller countries with long-established democracies tend to have unicameral systems.

Advantages

• One advantage of a unicameral legislature is that it is democratic. Democratic tenets

postulate that people who make laws for the masses must be elected in a free and fair
election. Members of a unicameral chamber are directly elected by the people, which
make it democratic.

• Unicameral legislature is easy to maintain, that is, it is cheaper to run than bicameral
legislature, since there is no second chamber to maintain.

• Unicameral legislature is also known to be ideal for unitary states.

• Unicameral legislature prevents conflicts as to which of the houses is upper and which is
lower.

• Unicameral legislature provides room for a faster process of law making and is applicable
in moments of emergency. Disadvantages of Unicameral Legislature

• Unicameral legislature does not make room for adequate and equal representation in a
country.

• A unicameral legislature creates room for the emergence of a dictatorial head of state
because it does not check excesses as well as a bicameral legislature. The absence of a
second chamber removes those moments of sober reflection on laws that are passed. It
also creates the opportunity for a government to use the single chamber to force
obnoxious laws through, especially if it has majority in the chamber.

• Another disadvantage of a unicameral legislature is that the members of the chamber can
be unduly influenced especially by a ruling government that has majority in parliament but
sometimes also by the minority party.
• Unicameral legislatures do not allow bills to be properly debated before they hastily
passed. In a unicameral legislature, it is only one chamber that does all the work. There is
no opportunity for assistance from a second chamber. Bicameral Legislature. When a
country is supported by a bicameral legislature, it means the government consists of two
separate chambers or houses. About 50% of the world’s governments, including the
United States, are supported by this structure. The U.S. Congress is divided into the
House of Representatives and the Senate.

(Question No: 05)

What is command theory and discuss criminal justice system of Pakistan?

The Criminal Justice System in Pakistan contains 5 additives i.e. the police, judiciary,
prisons, prosecution, probation and parole. This take a look at discusses and analyzes the
performance stage of those additives through thinking of the paintings assigned and
disposed of through each factor of the crook justice gadget at some stage in the yr 2014.
The scope of the take a look at changed into restricted to the 4 provinces particularly Punjab,
Sindh, Khyber Pakhtunkhwa and Balochistan. Data for instances registered through police,
district and advanced judiciary and prisons changed into obtained.

A blend of number one and secondary statistics changed into used. It transpired that in the yr
2014, a complete of 612,835 instances have been registered through police in 4 provinces of
Pakistan out of which 26 percentage have been nonetheless pending with the police on the
quit of the yr. Similarly instances taken up through the district courts at trial withinside the 4
provinces have been 2,160,752 and 69.2 percentage instances have been disposed of at
some stage in the yr. The disposal charge of High Courts together changed into 53.nine
percentage and the disposal charge through the Supreme Court changed into much less
than fifty percentage. The jails have been discovered to be overcrowded as they have been
overpopulated through 156 percentage and majority covered under-trial prisoners. Even
aleven though prosecution has been separated from police, it's miles nonetheless in infancy
and no specialization or
workload control gadget is in place. No credible statistics as to probation and parole changed
into available, so it seemed to be a miles unnoticed area. More or much less the overall
performance of crook justice gadget isn't at its premiere stage in Pakistan and remedial
measures like development and enhancement of bodily infrastructures and capability
constructing of current police, investigators, judges, prosecutors and prison team of workers
is needed along side attention on improving the present strengths of investigators, judges,
prosecutors and jails which will enhance the performance stage and effectiveness of
provider transport through the crook justice gadget as a whole.
The criminal justice system has many aims and objectives. It mainly aims at enforcing the
criminal law, protecting the public by preventing and deterring crime, advising people how to
avoid victimization, and, finally, an efficient and fair application of the law, ensuring the
proper treatment of suspects, defendants, and those in custody. Above all, the prime
objective of the criminal justice system is to ensure that the innocent are acquitted and that
the guilty are punished; respecting the basic theme of criminal jurisprudence that no offence
should go unpunished and no innocent should go to jail. We may safely say that the three
main components of the criminal justice system are police, prosecution and courts. In the
following paper, the Criminal Justice System of Pakistan will be discussed.

(Question No: 06)

The role of Parliament in the federal legislation and define "ordinance"?

Because of repeated direct or indirect authoritarian interventions during Pakistan’s history, its
parliaments have either been absent, short-lived or rubber stamps for the military’s policies,
their proceedings hollowed out and meaningless. Even under civilian rule, an overactive
judiciary has repeatedly encroached on parliamentary prerogatives, while the executive
branch has dominated the governance agenda; legislative advice and consent has been
more a matter of form than substance. Five and a half years after the democratic transition
began in February 2008, the legislature is still developing its institutional identity. The
thirteenth National Assembly (2008-2013), led by the Pakistan Peoples Party (PPP), was far
more assertive. Some of the most prominent committees exercised their authority to oversee
the executive and to engage the public. But the political system will remain unstable so long
as the legacy of military rule is kept alive. The current legislature must resume the unfinished
work of democratic reform if it is to fully restore parliamentary sovereignty and stabilise a
volatile polity.

The 2013 elections and their aftermath marked the first-ever transition from one elected
government to another, 40 years after the 1973 constitution established a federal
parliamentary democracy. While the previous parliament missed many opportunities for
reform, it nevertheless passed major legislation to restore democratic governance. It also
represented an era of bipartisan cooperation that was unlike the vendetta-driven, winner-
take-all politics of the 1990s democratic interlude.

The key achievement of the thirteenth National Assembly was the eighteenth constitutional
amendment, passed unanimously in April 2010. This removed many of the constitutional
distortions of General Pervez Musharraf’s military regime, enhanced fundamental rights and
laid the foundations for more transparent and accountable governance. Its most
consequential provision was the devolution of power from the centre to the provinces,
addressing a longstanding political fault line that had largely contributed to the country’s
dismemberment in 1971. The shift towards greater cooperation across the aisle also helped
ensure the survival of a fragile political order that faced constant challenges from an
interventionist military and a hyperactive judiciary.

The second phase of the democratic transition now underway offers opportunities to
entrench parliamentary democracy. With incumbents losing at the centre and in all but one
province in the 2013 elections, the parties now in power at the federal and provincial levels,
particularly Nawaz Sharif’s Pakistan Muslim League (PML-N), must prioritise governance
and deliver on campaign pledges if they are to retain their positions. The opposition parties,
too, should realise that they will be better placed to unseat their political rivals if they are an
effective government-in-waiting in parliament, presenting alternative policies, budgets and
other legislation, rather than merely obstructing ruling party proposals and bills.

If the legislature is to respond to public needs and also exercise oversight of the executive, it
must reinvigorate the committee system that was largely dormant during Musharraf’s military
regime. While several important committees were far more active in the previous assembly,
pursuing official misdeeds and even questioning the military’s role in the polity, legislation
was not enacted to provide for parliamentary authority to hold the security apparatus,
including its intelligence agencies, accountable.

The committees’ additional value lies in their ability to lead the debate on specific policies;
conduct detailed investigations and inquiries on issues of public importance; and engage civil
society in the legislative process. Particularly urgent issues include electoral reform, public
expenditure and budgetary allocations, law and order and human rights.

There is still a long way to go. Committee achievements to date have been largely due to
proactive members, usually the chairs, rather than broader institutional capacity. For
committees to fulfil their potential, their members require much more research, analysis and
technological support. They currently lack dedicated, trained staff, a problem that also
plagues the National Assembly and Senate secretariats. Library resources are likewise
inadequate, with the upper and lower houses maintaining separate facilities that
unnecessarily add to costs without producing better research. As a result, committees
depend on briefs from the executive, often prepared by an unreformed bureaucracy that, like
its military counterpart, has little interest in strengthening representative institutions.

The committees, moreover, operate within a broader parliamentary framework that is still
pitted with gaps, some legal, some political. Parliament’s constitutional remit does not, for
example, extend to the Federally Administered Tribal Areas (FATA). The recent reforms,
particularly the eighteenth constitutional amendment, have strengthened parliamentary
democracy but failed to remove some of the constitutional distortions of past military
regimes, particularly Islamisation provisions that still undermine the legislature’s authority. To
become more dynamic and assume its role as a co-equal branch of government, the new
parliament should build on its predecessor’s steps, putting itself at the centre of the domestic
and foreign policy debate.

(Question No: 07)

Is a judge of initial trial court source of law? And elaborate judge made source of law
and is "Question of law" and "Principle of law" compulsory to set the "precedents" by
the constitutional Courts?

A precedent is assertion of regulation observed in a judicial choice of a High Court or

advanced courtroom docket, supposed to be accompanied with the aid of using the equal
courtroom docket as additionally with the aid of using subordinate courts. The judges to be
loose to determine opposite to selections in determined cases, after which the regulation and
the destiny of the litigants could hold on the flamboyant of character judges following. As
some distance as realistic and practicable, the concepts conflict-a wilderness, rarely
regulation.

Precedent As A Source Of Law Judicial precedent whilst taken into consideration with
authority, the embodied precept turns into binding for destiny instances and it as a result
turns into a supply of regulation. Blackstone sincerely mentioned that it's far a longtime rule
to abide through the previous precedents in which the equal factors come once more in
litigation. It has been essential to word how precedents perform as an essential supply of
regulation. Authoritative precedents are extensively view on the premise of the prison supply
of regulation, in to this point as they're binding at the judges. And persuasive precedents are
a ancient supply of regulation, in to this point as they've best a persuasive or guiding
(however now no longer a binding) efficacy, and as a result offer a ancient foundation on
which a regulation can be constructed through the choose if he's favourably willing to that
precedent and accepts it. History In all of the matters have a records and feature a tale at the
back of that: The idea of doctrine of precedent has developed from the English regulation
and is pari materia to India. The wording of Mahabharata says 'that Path is the proper route
which has been accompanied through virtuous men' The idea of precedent is primarily based
totally in this theory.

THE END