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D2 Session 1 Fundamentals of Law - pptx-190722141758569
D2 Session 1 Fundamentals of Law - pptx-190722141758569
www.cppa.gov.pk
Scheme of Presentation
www.cppa.gov.pk
Part-1
Constitution, Pillars of State
The Constitution of the Islamic Republic of Pakistan
• The system of fundamental laws and principles that prescribes the nature,
functions of government or another institution
• Goal is to ensure that the three branches of Government, i.e. the Legislature, the
Executive, and the Judiciary, impose checks on one another to prevent an abuse
of power by any one branch
• The Legislature makes, the Executive executes, and the Judiciary interprets the
law
• The Constitution also creates a system of checks and balances between the
powers of the Federal and Provincial Governments
Brief Constitutional History of Pakistan
• At Independence Pakistan adopted the Government of India Act, 1935 with
essential amendments as the Interim Constitution
• In 1973 the Government of Prime Minister Zulfiqar Ali Bhutto promulgated the
present Constitution, which came into force on 14th August, 1973
Basic Elements of the Constitution of
Pakistan
• The Constitution provides for a Federal, Parliamentary System of government
• Under the Constitution the President is the Head of State and the popularly-elected
Prime Minister is the Head of the Government
• The Fourth Schedule of the Constitution provides the Federal Legislative List listing
those subjects on which the Federal Government can legislate
The Senate
The National Assembly
The Upper House of Parliament
The Lower House of Parliament
A permanent legislative body with equal
Seats for the Provinces and Federal Capital
representation from each of the four
Territory are allocated on the basis of population
provinces.
Members elected through universal adult
Senators are elected by members of the
suffrage.
respective Provincial Assemblies
Subject-matter of Federal and Provincial laws – Article 142
(a) The Parliament shall have the exclusive power to make laws with respect to any matter in
the Federal Legislative List;
(b) The Parliament and a Provincial Assembly shall have power to make laws with respect to
criminal law, criminal procedure, and evidence;
(c) The Provincial Assemblies shall have the exclusive power to make laws with respect to any
matter not enumerated in the Federal Legislative List [subject to (b) above];
(d) The Parliament shall have the exclusive power to make laws with respect to all matters
pertaining to such areas in the Federation as are not included in any Province.
Inconsistency between Federal and Provincial law –
Article 143
(a) to the extent electricity is supplied to that Province from the national grid, require supply to be made in bulk
for transmission and distribution within the Province;
(b) levy tax on consumption of electricity within the Province;
(c) construct power houses and grid stations and lay transmission lines for use within the Province; and
(d) determine the tariff for distribution of electricity within the Province.
(3) In case of any dispute between the Federal Government and a Provincial Government in respect of any matter
under this Article, any of the said Governments may move the Council of Common Interests for resolution of the
dispute.
Part-2
Introduction to Law and Legal System in Pakistan
What is Law?
• Law: Principles that govern conduct and can be enforced in the courts, often enforced by means of a sanction
• Sanction: a penalty or punishment provided as a means of enforcing obedience to the law
Classification of Laws:
1. Substantive Law: Includes the laws that create, define, and regulate rights and obligations;
2. Procedural Law: Specifies the method of enforcing the rights and obligations created by substantive law
3. Public Law: Deals with the rights, powers, and duties of the government;
5. Civil Law: Deals with violations committed against an injured party; and
Criminal Law
Public Law
Administrative Law
Substantive Law
Contracts
Law Private Law Sales
Property
Procedural Law
Civil Procedure
Criminal Procedure
Process of Law Making
• The Constitution sets out the procedure to be followed for promulgating a statute
• As per Article 70 of the Constitution, this requires a Bill to be passed by both Houses of
Parliament – the National Assembly and the Senate
• Upon a Bill’s passage through both Houses, it is presented to the President of Pakistan for
assent and becomes an Act of Parliament upon receiving such assent.
• If circumstances require immediate action and neither House is in session, Article 89 empowers
the President to promulgate an Ordinance, which has the same force and effect as an Act of
Parliament, but will expire after 120 days if it is not made into an Act by the Parliament
• Article 128 of the Constitution bestows a similar power upon Provincial Governors in respect of
matters falling within provincial legislative authority
Hierarchy of Courts
Superior
Judiciary
Supreme Court of
Pakistan
Islamabad High Lahore High High Court of High Court of Peshawar High
Court Court Sindh Baluchistan Court
. . Subordinate
Distt. & Session Judge . . Distt. & Session Judge
Judiciary
Add. Distt. & Session Judge . . Add. Distt. & Session Judge
. .
Law:
• The term 'law’ generally refers to the set of regulations or rules to be followed. Law can be in the form
of an act, ordinance, order, by-laws, rule, regulation etc.
• Anything which can confer legal rights, obligations, liabilities, etc. are laws
• Law can be any provisions of all valid Acts passed by the Legislature, Ordinances passed by the
President or a Provincial Governor, decisions of the Superior Judiciary, authorized orders, notices,
rules, etc. made by government bodies
Different forms of Law, cont’d.:
Ordinances
• Temporary laws promulgated by the President or Provincial
Governor
• Can only be issued when the Legislative is not in session
• At times when the Legislature is not in session and there is a need
to promulgate an Act immediately, the government refers a
proposal to the President or Governor, and approved thereby it
becomes an Ordinance
• Legally, an ordinance is the equal to an Act. It can be seen as a
temporary law until its expiry within 120 days, or until it is
repealed or approved by the Legislature
Different forms of Law, cont’d.:
Subordinate Legislation [rules, regulations, orders, etc.]:
• The Legislature can delegate its power to make laws to governmental
entities such as administrative or regulatory agencies
• These laws are called “subordinate legislation” and operate just like
laws passed by the Legislature
• Often, administrative authorities also have the power to adjudicate
disputes and issue orders. This is referred to as administrative
adjudication
• Such administrative orders are similar to court decisions
• Administrative rules and orders are also source of law.
Different forms of Law, cont’d.:
Judicial Precedent:
• The decisions of the Superior Judiciary [i.e. the Supreme Court and the
High Courts] are referred to as ‘precedent’
• Such decisions and orders have the same effect as a law, requiring
adherence in subsequent cases
• Further, as the Judiciary is empowered to interpret the laws, its
pronouncements are to be adhered to as the correct interpretation of
the law
Part-3
Introduction to Law of Contract
Contract Act 1872
Contents
• What is a Contract?
• Valid Contract and its essential
characteristics
• Classification for Contracts
• Discharge of Contract
• Remedies for Breach of Contract
Agreement
The contract is formed only on the basis
of agreement. It is a combined effect of
offer and acceptance.
• AGREEMENT
• OBLIGATION
• CONSIDERATION
• ENFORCEABILITY
For a contract to be valid under the law it must have an agreement between the parties, impose
obligations upon the parties, involve valuable consideration, and be enforceable in the Courts of Law
- Quasi - Voidable
Discharge of Contract
Discharge of contract means termination of the contractual relationship between
the parties. A contract is said to be discharged when it ceases to operate, i.e., when
the rights and obligations created by it come to an end.
• Public company
Where the ownership of the company is shared among the shareholders (may or may not be listed on the stock exchange)