Name:- SAJJAD HUSSAIN ABBASI (S.H.

ABBASI)

CLASS:- B.A LLB Part-II

Subject:- LEGAL SYSTEM OF PAKISTAN

2nd SEMESTER of 2022

STUDENT OF 2nd YEAR SZAB SCHOOL OF LAW SALU KHAIR PUR

ADDRESS:- SAJJAD LAWYERS CHAMBER

BEARING OFFICE NO #-11 INFRONT CIVIL

COURT BUILDING KANDIARO TALUKA
KANDIARO DISTRICT NAUSHEHRO
FEROZE

Short Notes on outline of above noted subject---------2nd semester of 2022

Topic No 01 Executive

The executive is the branch of government responsible for the overall

governance of a state. In countries which base their political system on the
separation of powers, the executive branch of government is responsible for
enforcing and executing laws made by the legislative branch of government.

The Executive, also referred as the Executive branch or Executive power, is

the term commonly used to describe that part of government which enforces the law,
and has overall responsibility for the governance of a state.

In political systems based on the separation of powers, such as the USA,

government authority is distributed between several branches in order to prevent
power being concentrated in the hands of a single person or group. To achieve this,
each branch is subject to checks by the other two; in general, the role of
the Legislature is to pass laws, which are then enforced by the Executive, and
interpreted by the Judiciary. The Executive can be also be the source of certain types
of law, such as a decree or executive order.

Prepared by Sajjad Hussain Abbasi

 Executive government

Head of state

Monarch
Supreme leader
President
President of the Council of State

Government
Head of government
Chancellor
Chief executive
Chief minister
First minister

Premier
Prime minister
President of the Council of Ministers
President of the government

Cabinet
Government formation
Cabinet collective responsibility

Ministry
Minister
Secretary

Other
Governor
Mayor

Topic No 02 Judiciary

Prepared by Sajjad Hussain Abbasi

 The judiciary of Pakistan (Urdu: ‫ )ﭘﺎﮐﺳﺗﺎن ﮐﯽ ﻋدﻟﯾہ‬is 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.

Neither the Supreme Court nor a High Court may exercise jurisdiction in
relation to Tribal Areas, except otherwise

Provided for The disputed regions of Azad Kashmir and Gilgit–

Baltistan have separate court systems.

The judiciary (also known as the judicial system, judicature, judicial

branch, judicative branch, and court or judiciary system) is the system
of courts that adjudicates legal disputes/disagreements and interprets, defends, and
applies the law in legal cases.

The judiciary is the system of courts that interprets, defends, and applies
the law in the name of the state. The judiciary can also be thought of as the
mechanism for the resolution of disputes. Under the doctrine of the separation of
powers, the judiciary generally does not make statutory law (which is the
responsibility of the legislature) or enforce law (which is the responsibility of
the executive), but rather interprets, defends, and applies the law to the facts of each
case. However, in some countries the judiciary does make common law.

TOPIC NO 03

ADR system

Prepared by Sajjad Hussain Abbasi

 Alternative dispute resolution (ADR) refers to the different ways people
can resolve disputes without a trial. Common ADR processes include mediation,
arbitration, and neutral evaluation. These processes are generally confidential, less
formal, and less stressful than traditional court proceedings.

Alternative dispute resolution (ADR), or external dispute resolution (EDR),

typically denotes a wide range of dispute resolution processes and techniques that
parties can use to settle disputes with the help of a third party.[1] They are used for
disagreeing parties who cannot come to an agreement short of litigation. However,
ADR is also increasingly being adopted as a tool to help settle disputes within the
court system.

Despite historic resistance to ADR by many popular parties and their

advocates, ADR has gained widespread acceptance among both the general public
and the legal profession in recent years. In fact, some courts now require some
parties to resort to ADR of some type like mediation, before permitting the parties'
cases to be tried (indeed the European Mediation Directive (2008) expressly
contemplates so-called "compulsory" mediation. This means that attendance is
compulsory, not that settlement must be reached through mediation).[4] Additionally,
parties to merger and acquisition transactions are increasingly turning to ADR to
resolve post-acquisition disputes.

The rising popularity of ADR can be explained by the increasing caseload of

traditional courts, the perception that ADR imposes fewer costs than litigation, a
preference for confidentiality, and the desire of some parties to have greater control
over the selection of the individual or individuals who will decide their dispute.

Some of the senior judiciary in certain jurisdictions (of which England and
Wales is one) are strongly in favour of this (ADR) use of mediation to settle disputes.

Since the 1990s many American courts have also increasingly advocated for
the use of ADR to settle disputes.[8] However, it is not clear as to whether litigants
can properly identify and then use the ADR programmers available to them, thereby
potentially limiting their effectiveness

Topic No 04 (01)

ISLAMABAD HIGH COURT

Prepared by Sajjad Hussain Abbasi

The Court was originally established on 14 August 2007 by Presidential Order
of Pervez Musharraf, the military ruler at the time. The Court ceased to exist on 31
July 2009 by a decision of the Supreme Court of Pakistan following Constitution
Petition No. 09 and 08 of 2009.

The Court was re-established by the Islamabad High Court Act, 2010[5] following
the 18th Amendment to the Constitution of Pakistan. President Asif Ali
Zardari administered the oath to the first Chief Justice, Iqbal Hameed ur Rahman on
3 January 2011 at the Governor's House, Karachi.

Islamabad High Court

‫ﮐ ورٹ یﮨﺎئ آﺑ ﺎد اﺳ ﻼم‬

Established 2010 (12 years ago)

Jurisdiction Islamabad Capital Territory

Location Bela Road, Sector G-10/1, Islamabad

Composition Presidential appointment on Judicial

method Commission recommendation

Authorized Constitution of Pakistan

by

Appeals to Supreme Court of Pakistan

Appeals Islamabad District Courts

from

Judge term Until 62 years of age

length

Number of 10
positions

Prepared by Sajjad Hussain Abbasi

 Website ihc.gov.pk

Chief Justice of Islamabad High Court

Currently Aamer Farooq

Since 11 November 2022

Topic No 04 (02)

Lahore High Court

Lahore High Court Building

Established 21 March 1882; 140 years ago

Location Principal Seat: Lahore, Pakistan

Circuit Benches: Bahawalpur, Multan and Rawalpindi

Composition Judicial Commission of Pakistan

method

Authorized Constitution of Pakistan

by

Appeals to Supreme Court of Pakistan

Appeals District Courts

from

Judge term Till 62 years of age

length

Prepared by Sajjad Hussain Abbasi

 Number of 60
positions

Website lhc.gov.pk

Chief Justice of Lahore High Court

Currently Muhammad Ameer Bhatti

Topic No 04 (03)

Peshawar High Court

Peshawar High Court

Location Principal Seat: Peshawar, Khyber Pakhtunkhwa

Circuit Benches: Abbottabad, Mingora & Dera Ismail Khan

Composition Judicial Commission of Pakistan

method

Authorized Constitution of Pakistan

by

Appeals to Supreme Court of Pakistan

Appeals District Courts

from

Number of 20
positions

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 Type of District Judiciary in Khyber Pakhtunkhwa
tribunal

Website peshawarhighcourt.gov.pk

Chief Justice

Currently Qaiser Rashid Khan

Topic No 04 (04)

Sindh High Court

Sindh High Court

‫ﻋداﻟت ﻋﺎﻟﯾہ ﺳﻧدھ‬

Sindh High Court Building in Karachi

Established 1926; 96 years ago

Location Principal Seat: Karachi, Sindh

Circuit Benches: Hyderabad, Sukkur & Larkana

Composition Judicial Commission of Pakistan

method

Authorized Constitution of Pakistan

by

Appeals to Supreme Court of Pakistan

Appeals District Courts

Prepared by Sajjad Hussain Abbasi

 from

Judge term Until 62 years of age

length

Number of 40
positions

Website www.sindhhighcourt.gov.pk

Chief Justice of Sindh

Currently Ahmed Ali Sheikh[1]

Since 15 March 2017

Topic No 04 (05)

Balochistan High Court

Balochistan High Court

A corner view of the Balochistan High Court building

Established 1 December 1976; 46 years ago

Jurisdiction Balochistan

Location Principal Seat: Quetta, Balochistan

Circuit Benches: Sibi & Turbat

Coordinates 30.202898887521304°N 67.0110400082995°ECoordinates:

30.202898887521304°N 67.0110400082995°E

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 Composition Presidential with confirmation of Chief Justice of
method Pakistan and Governor of Balochistan.

Authorized Constitution of Pakistan

by

Appeals to Supreme Court of Pakistan

Appeals District Courts

from

Judge term Till 62 years of age

length

Number of 15
positions

Website bhc.gov.pk

Chief Judge

Currently Justice Naeem Akhtar Afghan

Since 9 August 2021

Lead 28 June 2025

position
ends

Topic No 05 Supreme Court of Pakistan

ٰ
The Supreme Court of Pakistan (Urdu: ‫ﻋظﻣﯽ ﭘﺎﮐﺳﺗﺎن‬ ‫ ;ﻋداﻟت‬Adālat-e-Uzma
Pākistān) is the apex court in the judicial hierarchy of the Islamic Republic of
Pakistan.[1]

Established in accordance to the Part VII of the Constitution of Pakistan, it has

ultimate and extensive appellate, original, and advisory jurisdictions on
all courts (including the high courts, district, special and Shariat court), involving
issues of laws and may act on the verdicts rendered on the cases in context in which
it enjoys jurisdiction. In the court system of Pakistan, the Supreme Court is the
final arbiter of legal and constitutional disputes as well as final interpreter
of constitutional law, and the highest court of appeal in Pakistan.

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 The Part VII of the Constitution, ranges from articles 176 through 191,
deals with the powers, composition, rules, and responsibilities of the Supreme Court.

These articles concern:

 Article 176 – Composition of the Court

 Article 177 – Appointment and qualifications of the Chief Justice
 Article 178 – Oath of office
 Article 179 – Retirement
 Article 180 – Vacancy, absence, or inability of the Chief Justice
 Article 181 – Vacancy, absence, or inability of other justices
 Article 182 – Ad hoc appointments of justices
 Article 183 – Location of Court
 Article 184 – Jurisdiction in a dispute between two or more governments
 Article 185 – Jurisdiction to hear and determine appeals
 Article 186 – If requested, advise the President on important matters of law
 Article 186A – Authority to transfer venue
 Article 187 – Orders and subpoenas
 Article 188 – Power to review its own judgments and orders
 Article 189 – Binding nature of Supreme Court's decisions on all other Pakistani
Courts
 Article 190 – All executive and judicial authorities in Pakistan bound to aid the
Supreme Court

Supreme Court of Pakistan

ٰ
‫ﻋظﻣﯽ ﭘﺎﮐﺳﺗﺎن‬ ‫ﻋداﻟت‬

‫ﺑ ﺎﻟﺣق اﻟﻧ ﺎس ﺑﯾ ن ﻓ ﺎﺣﻛم‬

So judge between the people in truth

(Quran 38:26)

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Flag of the Supreme Court of Pakistan

Established 14 August 1947; 75 years ago

Jurisdiction Civil, criminal, constitutional and advisory

Location Red Zone, Islamabad

Coordinates
33°43′41″N 73°05′55″ECoordinates:
33°43′41″N 73°05′55″E

Motto "So judge between the people in truth"

Composition Judicial Commission of Pakistan

method

Authorized Constitution of Pakistan

by

Appeals to President of Pakistan for Clemency/Commutation of sentence

Appeals High Courts of Pakistan

from

Judge term Compulsory retirement at 65 years of age

length

Number of 17 (15; present strength)

positions

Website www.supremecourt.gov.pk

Chief Justice of Pakistan

Currently Umar Ata Bandial

Since 1 February 2022

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Constitution of the court

Although the Supreme Court was established pursuant to the Government of India
Act 1935, the modern structure of the court was reestablished by the second set in
1956, and restructured by the Constitution of Pakistan in 1973 where a significant
part of the Constitution is dedicated towards the restructuring of the Supreme Court.

TOPIC NP 06 FEDERAL SHARIAT COURT

Federal Shariat Court of Pakistan

Main article: Federal Shariat Court of Pakistan

The Federal Shariat Court of Pakistan was established in 1980 to scrutinize

all Pakistani laws and determine if they conform to Islamic values "as laid down in
the Quran and the Sunnah".

If a law is found to be 'repugnant', the Court notifies the relevant

government, specifying the reasons for its decision. The court also has appellate
jurisdiction over penalties (hudud) arising under Islamic law, although these
decisions can be reviewed by the Shariat Appellate Bench of the Supreme Court. The
decisions of the court are binding on the high courts as well as the subordinate
judiciary. The court appoints its own staff and frames its own rules of procedure.

The court consists of eight Muslim judges, appointed by the President of

Pakistan, on the advice of a judicial committee of the chief justices of the Supreme
Court and the Federal Shariat Court. The committee chooses from amongst serving
or retired judges of the Supreme Court or the high courts or from amongst persons
possessing the qualifications of judges of a high court. Of the eight judges, three are
required to be Islamic Scholars/Ulema well versed in Islamic law. The judges serve
terms of three years, subject to extension by the President. The current Chief Justice
of the Federal Shariat Court is Justice Sheikh Najam ul Hasan.

Prepared by Sajjad Hussain Abbasi