P
Loading...
Loading...
Complete guide to Pakistan's judiciary covering court structure, constitutional provisions, landmark Supreme Court cases, doctrine of necessity, judicial activism, Lawyers' Movement, and key MCQ facts for CSS, PMS exams.
The judiciary is the third pillar of the state and plays a crucial role in interpreting the Constitution, protecting fundamental rights, and maintaining the rule of law. This guide covers the structure of Pakistan's judiciary, key constitutional provisions, and landmark judgments that have shaped the country's legal landscape.
| Court | Jurisdiction | Key Facts |
|---|---|---|
| Supreme Court of Pakistan | Apex court, final appellate | HQ Islamabad, bench strength determined by law |
| Federal Shariat Court | Islamic law compliance | Reviews laws for conformity with Quran and Sunnah |
| High Courts (5) | Provincial appellate courts | Lahore, Sindh, Peshawar, Balochistan, Islamabad |
| District Courts | District-level trial courts | Civil and criminal cases |
| Special Courts | Specific jurisdictions | Anti-terrorism, banking, customs, accountability |
| High Court | Location | Province |
|---|---|---|
| Lahore High Court | Lahore | Punjab |
| Sindh High Court | Karachi | Sindh |
| Peshawar High Court | Peshawar | KP |
| Balochistan High Court | Quetta | Balochistan |
| Islamabad High Court | Islamabad | Federal Capital (est. 2010, 18th Amendment) |
| Article | Provision |
|---|---|
| 175 | Establishment of courts (Supreme Court, High Courts, Federal Shariat Court) |
| 176 | Supreme Court composition |
| 184(3) | Original jurisdiction on fundamental rights (suo motu) |
| 185 | Appellate jurisdiction of Supreme Court |
| 186 | Advisory jurisdiction (President can seek SC opinion) |
| 187 | SC can issue orders for complete justice |
| 199 | High Court writ jurisdiction (habeas corpus, mandamus, prohibition, certiorari, quo warranto) |
| 203A-J | Federal Shariat Court provisions |
| 209 | Supreme Judicial Council (for removal of judges) |
| Aspect | Details |
|---|---|
| Pre-18th Amendment | President appointed on PM's advice after consulting CJP |
| Post-18th Amendment | Judicial Commission of Pakistan (JCP) nominates, Parliamentary Committee approves |
| 19th Amendment | Modified appointment process, JCP given more power |
| Judicial Commission | Chaired by CJP, includes senior judges, law minister, AG, bar representatives |
| Chief Justice | Senior-most judge of Supreme Court, appointed by President |
| Case | Year | Significance |
|---|---|---|
| Federation of Pakistan v Maulvi Tamizuddin Khan | 1955 | Validated Governor-General's dissolution of Constituent Assembly, "doctrine of necessity" first applied |
| Dosso Case | 1958 | Legitimized Ayub Khan's martial law under Kelsen's theory |
| Asma Jilani v Government of Punjab | 1972 | Overturned Dosso, declared Yahya's martial law illegal |
| Begum Nusrat Bhutto v Chief of Army Staff | 1977 | Validated Zia's martial law under "doctrine of necessity" |
| Zafar Ali Shah v Pervez Musharraf | 2000 | Validated Musharraf's coup under "doctrine of state necessity" |
| Tikka Iqbal v Pervez Musharraf | 2008 | Emergency and PCO declared unconstitutional after restoration |
| Sindh High Court Bar v Federation | 2009 | Led to restoration of deposed judges |
| Workers' Party Pakistan v Federation | 2012 | Validated 18th and 21st Amendments |
| Case | Year | Significance |
|---|---|---|
| Shehla Zia v WAPDA | 1994 | Right to life includes right to healthy environment |
| Benazir Bhutto v Federation | 1988 | Struck down dissolution of assemblies |
| PLD 2018 SC 146 | 2018 | Disqualification of Nawaz Sharif (Panama Papers) |
| Suo Motu Case Re. Missing Persons | Multiple | Enforced disappearances addressed by SC |
| Case | Year | Significance |
|---|---|---|
| Maulana Noorani v President | 1993 | Dissolution of assemblies restored by SC |
| Panama Papers Case | 2017 | PM Nawaz Sharif disqualified under Article 62 |
| Reserved Seats Case | 2024 | SC ruled on allocation of reserved seats (PTI-related) |
The most tested judicial concept in Pakistan:
| Case | Application |
|---|---|
| Tamizuddin Khan (1955) | First use: validated dissolution of Constituent Assembly |
| Dosso (1958) | Validated Ayub Khan's martial law using Kelsen's pure theory |
| Nusrat Bhutto (1977) | Validated Zia's martial law as "law of necessity" |
| Zafar Ali Shah (2000) | Gave Musharraf 3 years to hold elections |
| 2009 Judges' Restoration | Effectively ended the doctrine (judges declared all PCOs void) |
The doctrine has been criticized as judicial legitimization of military coups and is now considered largely abandoned after the 2009 restoration.
Article 184(3) gives the Supreme Court original jurisdiction on questions of public importance related to fundamental rights:
| Notable Suo Motu Actions | Year | Issue |
|---|---|---|
| NRO Case | 2009 | Struck down National Reconciliation Ordinance |
| Missing Persons | Various | Ordered government to locate missing persons |
| Panama Papers | 2016 | Initiated investigation into PM's corruption |
| Sugar and Flour crises | 2020 | Investigated price manipulation |
| # | Name | Tenure | Notable |
|---|---|---|---|
| 1 | Sir Abdul Rashid | 1947-1954 | First CJP |
| 3 | Muhammad Munir | 1954-1960 | Tamizuddin Khan case |
| 12 | Muhammad Haleem | 1981-1989 | During Zia era |
| 20 | Iftikhar Muhammad Chaudhry | 2005-2013 | Judicial activism, removed by Musharraf, restored after lawyers' movement |
| 26 | Saqib Nisar | 2017-2019 | Dam fund, activist judiciary |
| 27 | Asif Saeed Khosa | 2019 | Short tenure |
| 29 | Qazi Faez Isa | 2023-2024 | Practice and Procedure Act, live-streaming |
| Event | Date | Details |
|---|---|---|
| CJP Iftikhar suspended | March 2007 | Musharraf removed CJP, sparking protests |
| CJP restored | July 2007 | SC restored Iftikhar |
| Emergency declared | November 2007 | Musharraf imposed emergency, sacked 60+ judges |
| Lawyers' Long March | March 2009 | Nationwide protests demanding restoration |
| Judges restored | March 2009 | PM Gilani announced restoration of all deposed judges |
Test your knowledge with interactive MCQs from actual CSS and PMS exam papers.
Continue learning with these guides
50+ CSS and PMS essay topics with ready-to-use outlines organized by category: Pakistan Affairs, International Relations, Social Issues, Governance, Science & Technology, and Philosophy with an essay writing checklist.
Complete guide to governance and public administration in Pakistan covering government structure, CSS exam, civil service, key institutions, governance challenges, reforms, and e-governance for competitive exams.
Complete guide to federalism and provincial autonomy in Pakistan covering the 18th Amendment, NFC Award, CCI, centre-province relations, inter-provincial issues, and historical evolution for CSS, PMS exams.