Judicial activism in Pakistan
- 2. Judicial system: The system of law courts that administer justice and constitutes the judicial branch of government.
- 3. Judicial activism: Judicial activism, an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions.
- 4. Purposes of judicial activism: To provide a system for interpreting and enforcing the laws. To provide a systematic, orderly and predictable mechanisms for resolving disagreements.
- 5. Functions of judicial system: Adjudication(arbitration, negotiation) Legislation Execution
- 6. Judicial structure of Pakistan: Supreme court of Pakistan High courts Federal shariyat courts District and session courts
- 7. Special tribunals and boards: Banking courts Custom courts Drug courts Federal services tribunal Income tax tribunals Anti corruption courts Anti terrorism courts Labor courts Environmental boards Control of narcotics substances (special courts)
- 8. Supreme Court of Pakistan: 1 Chief Justice 16 permanent judges 2 ad-hoc judges
- 9. Appointment of supreme court judges: Chief Justice of Pakistan is appointed by President of Pakistan. Other judges also appointed by President after consultation with Chief Justice. if he is a citizen of Pakistan and has been a judge of High Court for five years or advocate of High Court for fifteen years, can become a chief justice. Chief Justice and Judges can hold office until the age of sixty five years.
- 10. Functions of Supreme Court: It decision are binding on all other courts. The Supreme Court has a explicit power to block the exercise of certain presidential reserve powers. For example under article 58.
- 11. Functions of Supreme Court: It has a power to overturn presidential orders and parliamentary legislation by declaring such orders. Supreme Court is also a custodian and upholder of citizens’ rights, liberties and freedoms. Court has been given a very significant role of protecting the fundamental rights of citizens.
- 12. Federal shariyat court: This court consists of 8 Muslim judges including Chief Justice.
- 13. Function of Federal Shariyat Court: This court examine the cases with injunctions of Islam. Appeal against its decision lies to the shariyat appellate bench of the Supreme Court, consisting of 3 Muslim judges of the Supreme Court and not more than 2 ulema, appointed by the president.
- 14. High Court: There is a High Court in every province. Each high Court consist of a Chief Justice and other puisne Judges. The Chief Justice is appointed by president with consultation of Chief Justice of Pakistan and other judges in consultation with Chief Justice of Pakistan, Governor of the Province and the Chief Justice of the concerned High Court.
- 15. Functions: The court exercises original jurisdiction in the enforcement of fundamental rights. It can declare that any act done by a person without lawful authority is of non legal.
- 16. Functions: It can give such directions to any person or authority, for the enforcement law. It has a power to withdraw any civil or criminal case from a trial court and try itself. This court has an appellate jurisdiction against the judgements , decisions, decrees and sentences passed by the civil and criminal courts.
- 17. Sindh High Court: Structure : 1 chief justice 27 judges
- 18. Lahore High Court: Structure : 1 chief justice 49 judges
- 19. Peshawar High Court: Structure : 1 chief justice 49 judges
- 20. Balochistan High Court: Structure : 1 chief justice 8 judges
- 21. Subordinate judiciary: Civil courts: They are present in all district of a province. It deals civil material only. These courts consist of District judge, additional district judge and civil judge class 1,2 and 3. Criminal courts: These kinds of courts located in all districts of a province. This court has a power to change criminal to death punishment. These courts comprises of Session Judge, additional session judge and judicial magistrate class 1,2 and 3.
- 22. Alternative courts/ legal system: Alternative dispute resolutions: Jirga Biradry system/ panchayat Nizam-e adal law (for Malakand and Swat’s people)
- 33. Latest role of judiciary: Chief Justice of Pakistan, Justice Saqib Nisar is one of them who served his duty with honesty. Nawaz shareef’s case Zainab case Senator Nehal Hashmi’s case etc. Different hospital’s cases
- 34. Conclusion: In this era, where the situation of law and order is very critical, our homeland wants such kind of judiciary and judicial system which can play a fair and peaceful role based on merit to keep prosperity in the country.