Judiciary in Pakistan Overview
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Questions and Answers

What is the primary role of the Supreme Court in Pakistan?

  • To oversee the election process
  • To exercise original, appellate and advisory jurisdiction (correct)
  • To conduct trials for all criminal cases
  • To enforce laws made by the Parliament

Who is the chairman of the Judicial Commission of Pakistan responsible for appointing judges to the Supreme Court?

  • The President of Pakistan
  • The Federal Minister for Law and Justice
  • The Attorney-General for Pakistan
  • The Chief Justice of Pakistan (correct)

Which of the following is NOT a member of the Judicial Commission of Pakistan for appointing Supreme Court judges?

  • Four most senior Judges of the Supreme Court
  • The Chief Justice of the Federal Shariat Court (correct)
  • A representative from the Pakistan Bar Council
  • A former Chief Justice or Judge of the Supreme Court

Who ultimately appoints the Chief Justice of Pakistan?

<p>The President of Pakistan (C)</p> Signup and view all the answers

Which amendment introduced the Judicial Commission for the appointment of Supreme Court judges?

<p>18th and 19th Amendments (B)</p> Signup and view all the answers

What is the composition of the Parliamentary Committee for the appointment of the Commissioner?

<p>Fifty percent from the Treasury Branches and fifty percent from the Opposition Parties (C)</p> Signup and view all the answers

What action occurs if there is no consensus between the Prime Minister and the Leader of the Opposition regarding the Commissioner?

<p>Both will submit separate lists for consideration (D)</p> Signup and view all the answers

How many members are in the total Parliamentary Committee for the appointment of the Commissioner?

<p>Twelve members (B)</p> Signup and view all the answers

What judges make up the Supreme Judicial Council according to Article 209?

<p>Chief Justice and two most senior Judges of the Supreme Court (B)</p> Signup and view all the answers

Which part of the Supreme Judicial Council determines the inter se seniority of the Chief Justices of High Courts?

<p>The dates of their appointments as Chief Justice (C)</p> Signup and view all the answers

What action is taken if a member of the Council is unable to act due to illness?

<p>The next senior Judge from the Supreme Court replaces them. (D)</p> Signup and view all the answers

In the event of a disagreement among Council members, what is the deciding factor?

<p>The opinion of the majority. (C)</p> Signup and view all the answers

What triggers an inquiry by the Council into a Judge's conduct?

<p>Information from any source indicating incapacity or misconduct. (D)</p> Signup and view all the answers

What can the President do if the Council finds a Judge guilty of misconduct?

<p>Remove the Judge from office. (B)</p> Signup and view all the answers

What is the role of the Council in relation to Judges' conduct?

<p>To issue a code of conduct for Judges. (A)</p> Signup and view all the answers

Which jurisdiction does the Court exercise concurrently with the High Courts?

<p>Original jurisdiction for the enforcement of fundamental rights. (A)</p> Signup and view all the answers

What type of jurisdiction allows the Court to give opinions to the Government on legal questions?

<p>Advisory jurisdiction. (C)</p> Signup and view all the answers

Who is the member of the commission for the appointment of Judges of a High Court that must be nominated by the concerned Bar Council?

<p>An advocate with less than fifteen years practice (C)</p> Signup and view all the answers

What must occur before a Judge can be removed from office?

<p>An inquiry conducted by the Council. (A)</p> Signup and view all the answers

What happens if the Chief Justice of a High Court is not available for the commission?

<p>A former Chief Justice or Judge is substituted. (B)</p> Signup and view all the answers

For the initial appointment of Judges of the Islamabad High Court, who else is included in the commission?

<p>Chief Justices of the four Provincial High Courts (A)</p> Signup and view all the answers

Which member of the commission is specifically excluded when appointing the Chief Justice of a High Court?

<p>The most senior Judge (C)</p> Signup and view all the answers

What is the role of the commission concerning vacancies in the Supreme Court?

<p>To nominate one person per vacancy to the Parliamentary Committee (B)</p> Signup and view all the answers

Which members are included in the commission for the appointment of Judges of the Federal Shariat Court?

<p>Chief Justice and the most senior Judge (D)</p> Signup and view all the answers

In the context of the commission for High Courts, what does the term 'mutatis mutandis' imply?

<p>The provisions may need adjustments to be applicable (D)</p> Signup and view all the answers

What is the minimum requirement for an advocate to be nominated by the Bar Council in the appointment commission?

<p>Fifteen years of practice (C)</p> Signup and view all the answers

What types of appeals does the Supreme Court typically hear?

<p>Civil and criminal appeals, as well as appeals from the Federal Shariat Court (D)</p> Signup and view all the answers

Under which article does the Supreme Court entertain cases of violation of Fundamental Rights?

<p>Article 184(3) (A)</p> Signup and view all the answers

What is required for an appeal to be made to the Supreme Court as a matter of right?

<p>Certain cases as defined, while others require prior permission (B)</p> Signup and view all the answers

What authority does the President have concerning the Supreme Court's advisory jurisdiction?

<p>To refer questions of public importance for the Supreme Court's opinion (B)</p> Signup and view all the answers

Where is the permanent seat of the Supreme Court located?

<p>Islamabad (D)</p> Signup and view all the answers

What is the standard procedure if the Supreme Court decides to transfer a case from one High Court to another?

<p>The Supreme Court can transfer cases in the interest of justice (C)</p> Signup and view all the answers

What power does the Supreme Court have regarding its decisions on law?

<p>Supreme Court decisions based on law are binding on all courts in Pakistan (A)</p> Signup and view all the answers

Which of the following is a role of the judges besides hearing cases?

<p>Acting as special tribunal members (D)</p> Signup and view all the answers

How many members from the Senate are part of the Parliamentary Committee?

<p>Four members (A)</p> Signup and view all the answers

What happens to the composition of the Committee when the National Assembly is dissolved?

<p>The Committee will consist of only Senate members (C)</p> Signup and view all the answers

Who is responsible for nominating members from the Treasury Benches?

<p>The Leader of the House (D)</p> Signup and view all the answers

What majority is required for the Committee to not confirm a nomination?

<p>Three-fourth majority (A)</p> Signup and view all the answers

To whom does the Committee send the name of a confirmed nominee?

<p>The Prime Minister (D)</p> Signup and view all the answers

What is the status of the decisions made by the Commission or the Committee in the event of a vacancy?

<p>They remain valid (D)</p> Signup and view all the answers

How are the meetings of the Committee conducted?

<p>In camera (C)</p> Signup and view all the answers

What provisions do not apply to the proceedings of the Committee?

<p>Article 68 (D)</p> Signup and view all the answers

Flashcards

Supreme Court of Pakistan

The highest court in Pakistan's judicial system, consisting of a Chief Justice and other judges determined by Parliament.

Appointment of Judges in Pakistan

The process of selecting and appointing judges to the Supreme Court, High Courts, and Federal Shariat Court.

Judicial Commission of Pakistan

A body established to recommend the appointment of judges to the Supreme Court, High Courts, and Federal Shariat Court.

Chief Justice of Pakistan

The most senior judge of the Supreme Court, chosen by the President from among the Supreme Court judges.

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President's Role in Chief Justice Appointment

The President of Pakistan appoints the Chief Justice of Pakistan from among the most senior judges of the Supreme Court.

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Chief Election Commissioner Appointment

This clause outlines the process for appointing the Chief Election Commissioner in Pakistan. It involves a Parliamentary Committee comprised of members from both the ruling and opposition parties, with the Prime Minister and Leader of the Opposition each nominating three candidates. The committee, with a total of 12 members, then selects one candidate to be the Chief Election Commissioner.

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Supreme Judicial Council

The Supreme Judicial Council of Pakistan plays a crucial role in the judicial system. It is responsible for overseeing the conduct of judges and can even initiate proceedings to remove them from office.

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Supreme Judicial Council Composition

The Chief Justice of Pakistan, the two most senior Supreme Court judges, and the two most senior High Court Chief Justices are the members of the Supreme Judicial Council.

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High Court Chief Justice Seniority

Seniority among High Court Chief Justices is determined based on their appointment dates as Chief Justice, or if dates are the same, by their appointment dates as High Court judges.

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Composition of the Parliamentary Committee

The Parliamentary Committee is made up of eight members: four from the Senate and four from the National Assembly.

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Committee Membership during Dissolution

When the National Assembly is dissolved, the Parliamentary Committee only consists of the four Senators mentioned in paragraph (i).

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Political Representation in the Committee

The Committee has members from both the Treasury Benches (government) and Opposition Benches, with two members from each House (Senate and National Assembly) representing each side.

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Nomination Process for Committee Members

The Leader of the House nominates the Treasury Benches members, while the Leader of the Opposition nominates the Opposition Benches members.

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Committee Secretary

The Senate Secretary acts as the Secretary of the Parliamentary Committee.

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Confirmation Process for Nominees

The Committee has fourteen days to confirm a nominee, after which the nomination is automatically confirmed if no action is taken. However, the Committee can reject a nomination with a three-fourths majority vote.

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Rejection of Nomination

If a nomination is rejected by the Committee, the Commission must send another nomination.

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Appointment of Nominee

The Committee forwards the confirmed nominee's name to the Prime Minister, who then submits it to the President for appointment.

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Who are the members of the Commission for High Court Judge appointments? (excluding the Federal Shariat Court)

The Chief Justice of the High Court to which the appointment is being made, the most senior Judge of that High Court, the Provincial Minister for Law, and an advocate with at least fifteen years of practice in the High Court nominated by the Bar Council.

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Who are the members of the Commission for Islamabad High Court Judge appointments?

The Chief Justice and the most senior Judge of the Islamabad High Court. Initially, the Chief Justices of the four Provincial High Courts also hold membership.

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Who are the members of the Commission for Federal Shariat Court Judge appointments?

The Chief Justice and the most senior Judge of the Federal Shariat Court.

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What happens if the Chief Justice of a High Court is unavailable for the Judge appointment Commission?

The Chief Justice of Pakistan, in consultation with four senior judges including the Chief Justice of the Court, is tasked with the appointment.

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Is there any difference in Commission membership for appointing the Chief Justice of a High Court?

The most senior Judge of the High Court is excluded for the appointment of the Chief Justice of the High Court.

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How are the rules for appointing the Chief Justice of the Islamabad High Court similar to those for a regular High Court?

In the case of appointing a Chief Justice of the Islamabad High Court, the rules for appointing a Chief Justice of a High Court are applied.

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How does the Commission nominate a candidate for a Judge position?

The Chief Justice of Pakistan nominates an individual for a vacant position on the Supreme Court, High Court, or Federal Shariat Court with a simple majority vote of the Commission.

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What is the purpose of this section of the text?

The Commission's actions regarding judge appointments are described in this section of the text.

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Appellate Jurisdiction of the Supreme Court

The Supreme Court of Pakistan has the authority to review decisions made by High Courts, Federal Shariat Court, Service Tribunals, and certain special courts.

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Original Jurisdiction of the Supreme Court

The Supreme Court can address cases involving violations of fundamental rights directly, without them first going through a lower court.

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Advisory Jurisdiction of the Supreme Court

The Supreme Court can provide opinions on legal questions to the President, even if no specific case is involved.

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Transfer of Cases by the Supreme Court

The Supreme Court can move cases between different High Courts if it believes justice demands it.

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Binding Nature of Supreme Court Decisions

Decisions made by the Supreme Court on questions of law are binding on all courts in Pakistan.

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Enforcement of Fundamental Rights

The Supreme Court can issue orders to enforce fundamental rights if it finds a public issue regarding their violation.

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Seat of the Supreme Court

The Supreme Court has its main location in Islamabad but also holds sessions in major cities like Lahore, Karachi, Peshawar, Quetta, and Islamabad.

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Practice and Procedure of the Supreme Court

The Supreme Court establishes its own rules for how cases are handled and conducted.

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What is the role of the Judicial Council of Pakistan?

The Judicial Council of Pakistan is comprised of Judges of the Supreme Court and High Courts, responsible for investigating misconduct or incapacity of Judges.

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How is the Council's composition adjusted if a Supreme Court Judge is under investigation?

When the Council investigates a Supreme Court Judge, the next most senior Judge after those mentioned in clause 2 acts as a temporary member.

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How are majority decisions handled and reported by the Judicial Council?

The Council's decision on any matter is made by the majority vote of its members, and the final report to the President reflects the majority opinion.

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What actions can the President take regarding investigations of Supreme Court or High Court Judges?

The President of Pakistan can initiate an investigation into a Supreme Court or High Court Judge if there are concerns about their ability to perform duties or suspicion of misconduct.

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What action can the President take based on the Council's findings?

If the Council finds that a Judge is unfit or guilty of misconduct, the President can remove them from office.

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What is the only way a Supreme Court or High Court Judge can be removed from office?

Judges of the Supreme Court or High Courts cannot be removed from their positions except through the process outlined in the Constitution.

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What type of jurisdiction does the Supreme Court have regarding inter-governmental disputes?

The Supreme Court of Pakistan has original jurisdiction in inter-governmental disputes between the Federal Government and provinces or among provinces.

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What jurisdiction does the Supreme Court share with High Courts regarding fundamental rights?

Along with High Courts, the Supreme Court has original jurisdiction to enforce fundamental rights when a question of public importance is involved.

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Study Notes

Judiciary in Pakistan

  • The Supreme Court is the highest judicial body in Pakistan
  • It has a Chief Justice and other judges, whose number is determined by Parliament
  • The Supreme Court handles original, appellate, and advisory jurisdictions (Articles 184, 185, and 186)

Appointment and Qualifications of Supreme Court Judges

  • The 18th and 19th amendments altered the process for appointing Supreme Court, High Courts, and Federal Shariat Court Judges
  • A Judicial Commission of Pakistan appoints judges (Article 175A)
  • The Commission includes the Chief Justice of Pakistan, senior Supreme Court judges, a former Chief Justice or judge nominated by the Chief Justice, the Federal Minister for Law and Justice, the Attorney General for Pakistan, and a senior Supreme Court advocate nominated by the Pakistan Bar Council (for 2 years)

Appointment of Judges (continued)

  • The President appoints the most senior Supreme Court judge as the Chief Justice of Pakistan
  • The Commission has rules for procedure
  • To appoint High Court judges, Commission includes the High Court Chief Justice, the most senior judge, the Provincial Minister for Law, and a lawyer with at least 15 years of experience in that High Court, nominated by the Bar Council (for 2 years)
  • For the Chief Justice of a High Court, the most senior judge is not a member of the Commission
  • If the High Court Chief Justice is unavailable, a former Chief Justice substitutes
  • In Islamabad High Court appointments, the Chief Justice and other Chief Justices of the four provincial High Courts are also Commission members
  • The Commission, by majority, nominates individuals for Supreme Court, High Court, and Federal Shariat Court judge vacancies to a Parliamentary Committee

Parliamentary Committee

  • The committee consists of eight members: four from the Senate and four from the National Assembly
  • If the National Assembly is dissolved, the Committee only has Senate members
  • Four members of the Committee are from the Treasury benches (two from each House), and four members from the Opposition benches (two from each House), nominated by the House Leaders
  • The Secretary of the Senate acts as the Committee Secretary

Confirmation by the Committee

  • The Committee confirms nominees within 14 days or the nomination is considered confirmed
  • If not confirmed, the Committee sends the decision with justification to the Commission through the Prime Minister
  • Nomination of a judge who is not confirmed is sent to the Prime Minister for President's appointment

Validity of Action and Decisions

  • Decisions and actions of the Commission and Committee are not invalid due to vacancies or absences of members
  • Meetings are held in camera and records are maintained
  • Specific provisions of Article 68 do not apply

Supreme Judicial Council (Article 209)

  • A Supreme Judicial Council of Pakistan is created
  • The council includes the Chief Justice of Pakistan and two most senior Supreme Court Judges and two most senior Chief Justices of High Courts,
  • The Council looks into a Judge's capacity or conduct, or absence
  • If there's a difference of opinion among Council members, the majority viewpoint holds, and is reported to the President
  • The President may remove judges for incapacity or misconduct

Court Jurisdiction

  • The Supreme Court has original jurisdiction in intergovernmental disputes and enforcement of fundamental rights (Article 184)
  • The court has appellate jurisdiction for criminal and civil cases (Article 185)
  • The Court also has advisory jurisdiction to give opinions to the government on points of law (Article 186)
  • The Supreme Court hears appeals from High Courts, Federal Shariat Court, and some special courts, plus cases of fundamental rights violation
  • The Supreme Court has the power to enforce Fundamental Rights if a public interest is involved
  • The court has appellate jurisdiction over High Court judgements, Federal Shariat Court, and Service Appellate Tribunals. Certain appeals are granted at discretion.

Advisory Jurisdiction

  • The President can refer a question of law to the Supreme Court for opinion (Article 186)
  • The seat of the Supreme Court is in Islamabad, though venues for hearings take place elsewhere such as Lahore, Karachi, Peshawer, Quetta, and Islamabad

Transfer of Cases

  • The Supreme Court can transfer cases from one High Court to another (in the interest of justice).

Practice and Procedure

  • Supreme Court practice and procedure are regulated by its rules, and all authorities in Pakistan assist the Court
  • Decisions of law are binding on all courts in Pakistan

Decisions of the Supreme Court

  • Supreme Court decisions on points of law bind all other courts.
  • The court has jurisdiction in intergovernmental disputes, enforcing fundamental rights (with a public importance element), appeals, and advisory roles.

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Description

Explore the structure and appointment process of the judiciary in Pakistan, focusing on the Supreme Court. This quiz covers the amendments affecting judicial appointments, the role of the Judicial Commission, and the qualifications of judges. Test your knowledge on the key aspects and functions of the judicial system in Pakistan.

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