A.

Structure of judiciary in Pakistan

The judiciary in Pakistan is structured as an independent branch of government, responsible for
interpreting and applying the laws of the country. It operates under the framework of the Constitution
of Pakistan, with a clear hierarchy of courts. The structure can be outlined as follows:

 Supreme Court of Pakistan

 Highest court
 Chief Justice and other judges

 High Courts
 Four provincial High Courts
 Chief Justice of each province

 District Courts
 District and Sessions Courts
 Civil and Magistrate Courts

 Specialized Courts and Tribunals

 Anti-terrorism, Family, Labor, Environmental Courts, etc.

 Shariat Courts
 Federal Shariat Court

 Other Bodies
 Ombudsman and Accountability Courts

B. Role of judiciary in Pakistan

The judiciary in Pakistan plays a fundamental and multifaceted role in the governance of the
country. Its responsibilities extend beyond the mere interpretation of laws; it also acts as a
safeguard of the Constitution, a protector of rights, and a check on the powers of the executive
and legislative branches. The judiciary in Pakistan is independent, and its primary functions can
be summarized as follows:

1. Interpretation and Application of Law

 Judicial Review: One of the core roles of the judiciary is to interpret the laws of the
country and apply them to specific cases. The courts have the power to review laws
passed by the legislature to ensure they conform to the Constitution.
 Legal Precedents: The judiciary establishes precedents through its rulings, which are
binding in subsequent similar cases, thus ensuring consistency in the application of laws.

2. Protection of Fundamental Rights

  Safeguarding Human Rights: The judiciary ensures that individuals' basic rights, as
enshrined in the Constitution (such as freedom of speech, right to a fair trial, and
protection from discrimination), are protected from any violation by the government or
other private entities.
 Access to Justice: The judiciary ensures that every citizen has access to justice,
irrespective of their socio-economic status. It also acts as an arbitrator in disputes
between citizens and the state.

3. Guardianship of the Constitution

 The judiciary is the ultimate interpreter and protector of the Constitution of Pakistan. It
has the power to strike down laws, ordinances, and government actions that are
deemed unconstitutional.
 It ensures that the powers and functions of the different branches of government
(executive, legislative, and judiciary) are in line with the constitutional framework, thus
maintaining the separation of powers and the rule of law.

4. Judicial Review of Legislative and Executive Actions

 Review of Executive Orders: The judiciary has the power to review the legality and
constitutionality of executive actions. If these actions exceed or abuse the powers
granted by law or violate constitutional provisions, the judiciary can strike them down.
 Review of Legislation: The judiciary has the power to evaluate whether laws passed by
the legislature comply with the Constitution, including whether they uphold
fundamental rights and freedoms. This power serves as a check on the legislature's
authority.
 Public Interest Litigation (PIL): The judiciary allows for Public Interest Litigation, where it
hears cases that address widespread issues affecting the public, even if the person filing
the case is not directly involved in the issue.

5. Resolution of Disputes

 The judiciary resolves disputes between individuals, organizations, and the state. It
settles cases related to criminal, civil, family, property, and commercial matters.
 It also resolves conflicts between different levels of government (e.g., disputes between
the federal government and provincial governments).

6. Ensuring Accountability

 Anti-Corruption and Accountability: The judiciary, through special courts like the
Accountability Courts, plays a vital role in ensuring accountability, particularly in
corruption cases. This includes prosecuting public officials involved in corruption and
ensuring that those responsible for mismanagement of state resources are held
accountable.
  The Supreme Court and other judicial bodies have also taken steps to address issues of
governmental inefficiency and corruption through judicial activism.

7. Protection of the Rule of Law

 Ensuring Law and Order: The judiciary ensures the implementation of the law by issuing
orders, rulings, and decrees to enforce the law. Courts issue verdicts in both civil and
criminal matters, ensuring justice is dispensed fairly and impartially.
 It also ensures that public officials and state institutions adhere to the law and operate
within the limits of their authority.

8. Checks on Executive Power

 The judiciary acts as a counterbalance to the executive branch by limiting the use of
arbitrary power. It ensures that no individual or institution can act outside the
boundaries of law or the Constitution.
 The judiciary intervenes in situations where the executive exceeds its powers, such as
during political crises or controversial policy implementations, to protect citizens' rights.

9. Judicial Independence

 A critical role of the judiciary is to maintain its independence from the executive and
legislative branches, ensuring impartiality in its rulings. The independence of the
judiciary is safeguarded by the Constitution, which guarantees that judges cannot be
removed arbitrarily.
 Judicial independence helps protect against political influence and ensures that judges
can rule based on the facts of the case and the law, free from external pressures.

10. Public Interest and Social Justice

 Judicial Activism: Pakistani courts, particularly the Supreme Court, have engaged in
judicial activism, where they take proactive measures to address issues of public
concern, even without a formal petition. The judiciary sometimes issues suo-motu
notices (taking action on its own motion) on issues affecting the public or the country’s
governance.
 The judiciary also deals with matters of social justice, such as addressing environmental
issues, the rights of minorities, gender equality, and issues affecting marginalized
communities.

11. Overseeing Elections

 The judiciary, particularly the Election Tribunals, has a role in overseeing the fairness of
elections. Courts are empowered to adjudicate disputes related to the electoral process
and ensure that elections are conducted in a transparent, free, and fair manner.
C. How does judiciary impact the governance and society in Pakistan

The judiciary in Pakistan plays a significant role in shaping both governance and society. As an
independent branch of government, it functions as a check on executive and legislative powers,
influences policy decisions, and safeguards individual rights. Here's a detailed look at how the
judiciary impacts governance and society in Pakistan:

1. Checks and Balances on Government Power

 Limiting Executive Overreach: The judiciary acts as a powerful check on the executive
branch (the government), preventing the abuse of power. By reviewing executive
orders, policies, and actions, the courts ensure that the government operates within the
confines of the Constitution. For example, the judiciary has intervened in cases where
government decisions are perceived to violate constitutional rights or overstep legal
boundaries.
 Judicial Review of Legislation: The judiciary can review and invalidate laws passed by
the legislature if they are found to be unconstitutional. This power ensures that
legislative actions are consistent with the fundamental rights guaranteed by the
Constitution, thus preserving the democratic framework.

2. Protection of Fundamental Rights and Freedoms

 Safeguarding Citizens' Rights: The judiciary has played a crucial role in protecting the
fundamental rights of citizens, including the right to a fair trial, freedom of speech, and
protection from arbitrary detention. In several landmark cases, the courts have upheld
human rights even when they conflicted with the interests of the state or powerful
groups.
 Human Rights Activism: The judiciary has been instrumental in addressing violations of
human rights, such as forced disappearances, police brutality, and extrajudicial killings.
Courts have directed the government to take actions to protect individuals and ensure
justice, making the judiciary an important instrument for social justice.
 Access to Justice: Courts ensure that everyone, regardless of their social or economic
status, has access to justice. This includes hearing cases related to family disputes, land
rights, labor issues, and more, contributing to a fairer society.

3. Maintaining Rule of Law

 Enforcing the Law: The judiciary ensures that laws are implemented fairly and
uniformly, preventing the arbitrary application of laws by authorities. This strengthens
 the rule of law and contributes to the development of a society where everyone is held
accountable to the law.
 Preventing Corruption: Through the establishment of anti-corruption courts and
accountability tribunals, the judiciary plays a direct role in holding corrupt public
officials accountable. By prosecuting corruption cases, it ensures the transparency and
integrity of governance.

4. Judicial Activism and Public Policy

 Public Interest Litigation (PIL): The judiciary's involvement in judicial activism has
allowed it to take proactive steps in addressing social issues affecting the public.
Through Public Interest Litigation, the courts hear cases that deal with environmental
protection, education, healthcare, and the rights of marginalized communities, among
others. This helps to bring attention to issues that may otherwise be overlooked by the
government.
 Suo-Motu Actions: The judiciary has taken on significant societal issues through suo-
motu notices (action taken by the courts on its own initiative) on matters such as child
labor, environmental pollution, and health crises. This proactive approach often compels
the government to take necessary corrective actions and addresses issues in real-time.

5. Influence on Governance and Political Landscape

 Shaping Political Stability: The judiciary has been pivotal in shaping Pakistan's political
landscape. For instance, the courts have acted in politically sensitive cases, such as
disputes over election results or the legality of political actions. In some cases, the
judiciary's rulings have helped stabilize the political system by resolving deadlocks or
preventing unconstitutional moves.
 Ensuring Free and Fair Elections: The judiciary, particularly the Election Tribunals, plays
a vital role in overseeing the electoral process. The courts ensure that elections are
conducted fairly, and they adjudicate election-related disputes, thus ensuring the
credibility of the democratic process. This role helps enhance political stability by
fostering confidence in the electoral system.
 Political Accountability: The judiciary has acted as a watchdog over the political
establishment, holding political leaders and parties accountable for misconduct,
corruption, or violations of the law. High-profile cases, such as those involving
corruption charges against politicians, have had significant political ramifications,
showing the judiciary's impact on governance.

6. Impact on Social Justice and Equality

 Addressing Social Inequities: The judiciary has also addressed issues related to social
justice and equality. Through its rulings, the courts have promoted gender equality,
labor rights, and the rights of minorities. For example, courts have ruled in favor of
 women's rights in cases of inheritance and domestic violence, and they have also
protected the rights of religious minorities.
 Support for Vulnerable Groups: The judiciary's rulings in cases concerning vulnerable
groups—such as the poor, children, and minorities—have significantly impacted social
welfare policies and the protection of vulnerable populations. This contributes to a
more inclusive society where the rights of marginalized groups are safeguarded.

7. Economic Governance and Development

 Regulating Economic Affairs: The judiciary influences the country's economic

governance by ensuring that the government and private sector follow legal and
regulatory frameworks. In cases related to land disputes, business contracts, labor
rights, and environmental regulations, the courts play a key role in shaping the
economic environment.
 Protecting Property Rights: By ensuring the protection of property rights and enforcing
contracts, the judiciary helps create a more stable and predictable environment for
business and investment, contributing to economic development.
 Environmental Protection: The judiciary has also taken steps to ensure that economic
development does not come at the expense of the environment. Through rulings on
environmental matters, such as pollution control and resource management, the
judiciary influences policies that support sustainable development.

8. Promotion of Accountability and Transparency

 Institutional Accountability: The judiciary holds not only individuals accountable but
also government institutions. Through transparency in legal proceedings, the judiciary
helps expose inefficiencies, corruption, and illegal actions within public offices,
promoting accountability in governance.
 Public Confidence in the Legal System: The judiciary’s role in holding institutions
accountable contributes to building public trust in the legal system. When the judiciary
delivers impartial and fair judgments, it fosters a culture of accountability that
strengthens governance and promotes the rule of law.

9. Social and Cultural Impact

 Shaping Public Discourse: The judiciary, through its rulings on social and cultural issues,
has a profound influence on public discourse. For instance, rulings related to religious
freedom, women’s rights, and the status of minorities shape societal attitudes and
norms.
 Public Education on Rights and Laws: The judiciary, through its decisions, educates the
public on their legal rights and the functioning of the justice system. This is especially
important in a country where legal awareness may be limited, and the judiciary’s
decisions can have a broad educational impact on society.