Law of Pakistan

History
The Law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani
law is based upon the legal system of British India; thus ultimately on the common law of England and
Wales. Upon the list of the Dominion of Pakistan in 1947 the laws of the erstwhile British Raj
remained in force. At no point in Pakistan's legal history was there an intention to begin the
statute book afresh. During the reign of General Muhammad Zia-ul-Haq, elements of
Islamic Sharia law were incorporated into Pakistani law, leading to the institution of a
Federal (FSC). In some Federally and Provincially Administered Tribal Areas [(FATA) and
(PATA)], a system of law employing traditional methods persists at the local level. At this
informal level, disputes are settled by a jirga, a council of tribal elders.

Definition of law
“ The system of rules which a particular country or community recognizes as
regulating the actions of its members and which it may enforce by the imposition
of penalties”

Sources of Law

“Sources of law mean the origins of law, i.e. the binding rules governing human
conduct. Such sources may be international, national, regional or religious. The
term "sources of law" also refers to the sovereign or the state from which
the law derives its force or validity”
 5 main sources of law are:

ALL OVER THE WORLD IN ISLAMIC COUNTRIES

1. Federal & state constitutions Holly Quran

2. English Common Law Sunnah
3. Statutes Hadis
4. Court decisions Hadith
5. Administrative Law Ijma
1. Federal & state constitutions
Constitutions
• A country’s document which spells out the principles by which the government operates.

The U.S. Constitution has 3 main parts:

• The Preamble

• The Articles
• Amendments

 ARTICLE I

Legislative Branch

• Makes Law

 ARTICLE II
Executive Branch
Enforces Laws

 ARTICLE III

 Judicial Branch

 Interprets Laws

 ARTICLE IV
  States Rights
 ARTICLES V-VII
 Outline the Amendment process,
 National Supremacy & Ratification
2. English Common Law
 Developed by Kings to centralize English government and used since 1189.
 Judges traveled the country judging decisions based on local customs
 Judges shared decisions with other judges to make rulings “in common” with each other
 Used in all states except Louisiana

Precedent - Doctrine stating that a judge is required to follow an earlier court decision when
deciding a case with similar.

3. Statutes

Statute - laws specifically passed by a governing body

• Can order people to do something
• Ex: Pay taxes
• Can prevent people from doing something

Ex: Discrimination
 Federal Statutes - laws passed by the U.S. Congress

 State Statutes - Laws passed by state governments (State Congress, Assembly,etc)

 Remember: The Supreme Court can declare any statute that violates the Constitution as
Unconstitutional!

 Unconstitutional - invalid; against the Constitution

4. Court Decisions
Court Law is sometimes called case law.

Courts make laws in 3 ways:

 Common law tradition

 By interpreting statues (laws)

 By judicial review
A judge cannot interpret a statute unless that statute is involved in a dispute between 2 parties in a
lawsuit before them

The Supreme Court has final authority regarding the constitutionality of all laws

5. Administrative Law
A power given by the Legislative Branch to an administrative agency with knowledge over certain fields
of business or departments.

Also called Regulatory agencies

 Ex: FCC (Federal Communications Commission)

 Ex: FBI (Fed. Bureau of Investigations

Constitution 1956 of Pakistan

Introduction

Pakistan came into being 1947 after many sacrifices. After Independence of Pakistan, Pakistan has been
governed the Govt of India Act 1935. Constitutional history of Pakistan is very unfortunate. However,
first constitutional Assembly has been introduced Constitution of 1956 after long debates. Constitution
of 1956 was enforced 23 March 1956. But unfortunately it was abrogated after two years.

Features of constitution 1956

Written Constitution

Constitution of was a written and lengthy document. It had 234 Articles and 6 Schedules.
Rigid Constitution

The Constitution of 1956 was partly rigid and Party flexible. The method of Amendment was not
difficult.
Objective Resolution

Objective Resolution was included as Preamble of Constitution of 1956.

Name of Country

Constitution of 1956 declared Pakistan as Islamic Republic of Pakistan.

National Language

Under constitution of 1956, Urdu and Bengali were made national Language.
State Religion

Islam was the state religion of Pakistan.

Islamic Provisions

Many Islamic Provisions was introduced in constitution of 1956 and decided that no law will be made
which against the injunction of Islam.

Fundamental Right

Fundamental Rights were given to the people of Pakistan according to constitution of 1956.
Rights of Minorities

Rights of minorities were provided in the constitution of Pakistan 1956. Minorities freely perform own
religion festivals.
Uni- cameral Legislature

Constitution of 1956 was provided uni-cameral legislature which was based on just national assembly.
Federal System

Federal system was introduced in the country under the constitution of 1956.
Parliamentary Form of Govt

Constitution of 1956 was introduced parliamentary form of Govt.

Freedom of Judiciary

Freedom of Judiciary was introduced in constitution of 1956. It was decided that Supreme Court would
interpret the constitution.
Direct Election

In the Constitution of 1956 method of direct election was introduced.

Constitution 1973 of Pakistan

Written Constitution

Constitution of Pakistan 1973 is a written constitution. It comprises of 280 Articles. It also contains 6
schedules, which has been divided into 12 parts.
Rigid Constitution

The constitution of Pakistan 1973 is rigid because amendment procedure is not easy. This constitution
provides that 2/3 majority of votes of members National Assembly and Senate, and assent of President of
Pakistan are necessary for its amendment.
State Religion

The constitution of Pakistan 1973 announces that Islam would be state religion.
National Language and Official Language
In accordance with Article 251 of the present constitution Urdu has been declared as National Language
of Pakistan but the official language is English.
Federal Form of Government

Constitution of Pakistan 1973 provides federal form of government consisting of four provinces of the
central government of Pakistan.
Parliamentary form of Government

Parliamentary form of government has been provided for the government in the constitution.

Direct Elections

Constitution of Pakistan 1973 has provided method of direct elections to elect members of National
Assembly and Provincial Assembly.
Preamble

Preamble means an introductory part of statue; it is not the part of the constitution. It is stated in it than
sovereignty over entire universe belongs to Almighty Allah.
Holding of Referendum

The president of Pakistan is authorized to order for holding a referendum on any issue of national
importance.
Single citizenship

The constitution of Pakistan 1973 provides single citizenship.

Independence of Judiciary

An Independent Judiciary has been provided in 1973 constitution. Judiciary safeguards the fundamental
rights of the people of Pakistan.
Rights of Minorities

Rights of Minorities have been protected in the 1973 constitution.

High Treason

The abrogation of the constitution through unconstitutional means is high treason. It cannot be abrogated
by the use of force. .

Corporative law situation in Pakistan

Introduction
Today the corporate sector of Pakistan is governed by Companies Ordinance of 1984. The history of
corporate law in this region is much older than the history of Pakistan. Great Britain passed Companies
Act in 1908 which introduced several important provisions relating to company administrations. In 1913
after five years, Companies Act of 1913 was passed in British India. Pakistan came into being on 14
August 1947 and adopted the companies Act of 1913. In 1959 a company Law Commission was set up to
make laws in accordance with modern times. Report of Company Law Commission of Pakistan was
published in 1960. Finally the Companies Act of 1913 was replaced by the Companies Ordinance 1984.
 Corporative law

“ Corporate law (also "company" or "corporations" law) is the study of how shareholders,
directors, employees, creditors, and other stakeholders such as consumers, the community and
the environment interact with one another. Corporate law is a part of a broader company’s
law (or law of business associations)”

Main Objectives of Companies Ordinance 1984:

 Its main purpose is to consolidate the law related with companies and certain other associations.
 Second purpose is to make sure the growth of Corporate Enterprises in Pakistan.
 To protect the investors and creditors. This is important because foreign investments require better
protection and minimum risks and hence the objective of law is to save them.
 Promotion of investment and development of economy.

Scope

The CLRC shall undertake all work necessary to achieve the aforesaid objectives, including, but not
limited to:

 Examining the Companies Ordinance to assess its adequacy vis a vis its objectives and for the
enhanced corporatization, good corporate governance, transparent and efficient financial
reporting and the balanced growth of the corporate sector;
 Recommending necessary measures, e.g. amendments to the Companies Ordinance or redrafting
the law, for the creation of a modern, efficient, liberal and flexible enabling regulatory framework
for nurturing balanced corporate growth in Pakistan;
 Providing a detailed conceptual framework for the proposed amendments or the redrafting of the
law;
 Ensuring that the provisions of the Companies Ordinance are consistent with other laws in
Pakistan;
 Ensuring that the amendments or the redrafted law strikes an appropriate balance between
governmental policies and national factors on the one hand and harmonization with emerging
market norms and international best practices on the other.

Execution of the Work

 The CLRC is an independent body of experts and shall conduct its affairs in accordance with the
procedures agreed upon by the members.
 In seeking to attain the objectives stated herein, the CLRC shall carry out the work as detailed in
Part C above, as well as any additional work it deems necessary to achieve these objectives.
 The CLRC may co-opt such members or form such sub committees as it may deem necessary in
order to meet its objectives.
  Deliverables
The CLRC shall prepare the following deliverables:

 A concept paper for the development and regulation of the corporate sector.
 An interim progress report along with a preliminary draft of the amendments or the redrafted law,
as the case may be.
 A draft bill containing the text of the amendments (as well as a version of the Ordinance, with the
amended portions inserted) or the redrafted law as the case may be.
 A statement providing the objects of and reasons for the amendments or the redrafted law,
including detailed rationale and justification for the amendments or redrafted law.
 A brief report indicating the areas in which regulations are required to be drafted and the likely
scope of such regulations.

Estimate schedule and Milestones

The deliverables shall be produced over a period of 7 months ending on 30th June 2006, in accordance
with a time schedule to prepared by the CLRC substantially in line with Schedule B hereto.

Support
SECP will provide all necessary logistical support to the members of the CLRC including but not limited
to travel to and accommodation in the place where the meeting of the CLRC is to be held, meeting rooms,
office space, secretarial support and related facilities, engagement of consultants, advisers and experts.