The provincial government that exercise administrative control over them appoints such officers. To avoid the above shortcoming in judicial independence, an active accountability process through an active Supreme Judicial Council can also be significant.
The author is a retired IPS officer and a Judiciary of pakistan analyst. A constitution should be amended if it is not delivering the promise with which it came into existence.
To suddenly find an aberration in the mechanism, which has been in the making for long, should worry the Pakistan Army. Amendments in the constitutions should be made in a way that every thinking mind in the country participates in it.
An entire organ of the state is in limbo and unless we bring it on board, we cannot move forward. In fact, there are countries where a constitutional amendment bill has to be publicized six months prior to its being taken up by the parliamentary party.
The rupee has lost 15 percent of its value. Law prescribes their powers and functions. Civil Procedure Code and Qanun-e-Shahdat Order Evidence Law are not applicable over to Family Court and the same are allowed to form or regulate its own procedure to decide case expeditiously, properly and in the best interest and convenience of lady litigants.
Political Will for Restoration of Judges In view of the facts and principles discussed above, restoration of the 60 sacked judges in Pakistan is a sine qua non for guaranteeing an independent judiciary. V of Article AA U. I happened to meet a number of these judges later and found that, even though they had faced suspensions, they had no regrets, having performed the duty the nation had expected of them.
Nobody else is delegating power. The respect and dignity of judges is not guaranteed by instruments like the Contempt of Courts Act but by respect inspired by their own judgments in society.
The district nazim is working in his own place; the provincial governor and provincial chief minister are working in their own places, and the president is working in his place. International Comparisons The United States subscribes to the method of appointment of all federal judges with the choice of the ruling political party.
And this is what happened on September The stage was set to justify subsequent coups in the country by the courts. He served as a minister in the North-West Frontier Province caretaker government under Musharraf's regime.
What does the independence of the judiciary mean for an ordinary citizen and for the federation. When an attempt is made to amend the constitution behind closed doors, it means the perpetrators are aware of their culpability.
The criteria for the appointment of judges have to be improved. Through three hundred years of American history, the US Supreme Court has provided flesh to the bones and skeleton of the constitution and has developed a way of life.
The civil society, too, needs to mount pressure on these leaders and make them realize that, once they have had the cases against them settled, they should do the long-suffering nation a favor and have President Musharraf given appropriate treatment in the joint session of the parliament.
The reason the constitution was sidelined was simply that it protects and guarantees the security of the tenure of judges under Article and requires a due process to be followed for the ouster of a judge in Article ; it does not accommodate the whim that judges be sent home arbitrarily only because they rendered or were about to render a judgment not acceptable to one individual.
Restoration of the judiciary is intrinsically linked with its independence and, therefore, vital for the country. This is the body that reacts to any breach or violation of the covenant between state and its citizens. That is worrying the Pakistan Army, and it should.
Editors and news analysts claimed that the people of Pakistan had achieved a win for the parties who had promised the nation and made their candidates take oath that they would restore the judges to their position of November 2, and that they would preserve the independence of the judiciary.
The artical about the independence of judiciary of the ex learned chief justice of Peshawar High Cour and as a senior judge of Sureme Court of Pakistan (Retired) is thought elonghornsales.com langusge. District Judiciary Punjab, Narowal. 2K likes. This Page Is About District Judiciary Punjab Under Lahore High Court, Lahore.
District Judiciary/Lower 5/5(1). The Judicial System of Pakistan 2 At the village level, tribunals dispensed justice, which consisted of the assembly of the village, or the caste or the family.1 The village Headman acted as Judge/Magistrate for the elonghornsales.comons.
Nov 14, · Inside Story SJun12 • E18 Inside Story - How politicised is Pakistan's judiciary? - Duration: Al Jazeera English 9, views. The judiciary in Pakistan has always been afflicted with flawed and discriminatory judgments, more than often denying justice to the lot seeking redressal for justice.
In particular, the courts in Pakistan, even the high courts, earned infamy for passing verdicts on blasphemy laws hitting hapless. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary.
The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex.Judiciary of pakistan