LEGAL SSTEM OF PAKISTAN
Table of Contents
Introduction
Location
Constitutional Development
Constitutional Status of Islamic Law
Government
Process of Law Making
Administration of Law and Justice
The Court System
Legal Research
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Introduction
Pakistan emerged as an independent State on 14 August 1947. Pakistan is divided into four provinces, namely, North West Frontier Province (NWFP), Punjab, Sindh and Balochistan. The tribal belt adjoining NWFP is managed by the Federal Government and is named FATA i.e., Federally Administered Tribal Areas. Azad Kashmir and Northern Areas have their own respective political and administrative machinery, yet certain of their subjects are taken care of by the Federal Government through the Ministry of Kashmir Affairs and Northern Areas. Islamabad is the federal capital. Over 97 per cent of the country's population is Muslim.
Location
Located in South Asia, Pakistan shares an eastern border with India and north-eastern border with China. Iran makes up the country’s south-west border, and Afghanistan runs along its western and northern edge. The Arabian Sea is Pakistan’s southern boundary with 1,064 km of coastline.
The country has a total area of 796,095 sq km and is nearly four times the size of the United Kingdom. From Gwadar Bay in its south-eastern corner, the country extends more than 1,800 km to the Khunjerab Pass on China’s border.
Constitutional Development
Since its creation in 1947 Pakistan has had three constitutions, adopted in 1956, 1962, and 1973. The 1973 constitution was the result of a consensus among the political parties then represented in parliament.
The Constitution of Pakistan 1973 was enacted by the National Assembly on April 10, 1973. The Constitution was held in abeyance by the Proclamation of Martial Law issued by General M. Zia-ul-Haq on July 5, 1977. The Revival of the Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985) and the Constitution (Eighth Amendment) Act, 1985, (XVIII of 1985) brought about major amendments to the Constitution. The Constitution was revived in 1985 through the Enforcement of Constitution Order on March 10, 1985
The whole of Pakistan once again came under the control of the Armed Forces of Pakistan on October 12, 1999, by virtue of the Proclamation of Emergency issued by General Pervez Musharraf, Chairman Joint Chiefs of Staff Committee and Chief of Army Staff, on October 14, 1999. By virtue of the said Proclamation Pervez Musharraf also assumed the office of Chief Executive of the Islamic Republic of Pakistan.
The Constitution was again held in abeyance by the Provisional Constitution Order No. 1 of 1999, issued by the Chief Executive on October 14, 1999. However, the said Order provided, in Art. 2 thereof, that notwithstanding the abeyance of the Constitution, Pakistan shall, subject to the said Order and any other Order made by the Chief Executive, be governed, as nearly as may be, in accordance with the Constitution.
The Constitution (Seventeenth Amendment) Act, 2003 has now validated and affirmed all the amendments made in the Constitution by the Legal Framework Order, 2002.
A comprehensive article on the history of the Constitution can be found here.
Constitutional Status of Islamic Law
Article 1 of the 1973 Constitution declares that Pakistan’s official name shall be the Islamic Republic of Pakistan, and Article 2 declares Islam the state religion. The Objectives Resolution of the preamble of the Constitution was made a part of its substantive provisions by the insertion of Article 2A in 1985, thereby requiring all laws to be brought into consonance with the Quran and Sunnah. Chapter 3A establishes the Federal Shariat Court. Part IX of the Constitution is entitled “Islamic Provisions” and provides for the eventual Islamization of all existing laws, reaffirming that no laws repugnant to the injunctions of Islam are to be enacted.
A comprehensive article on the Islamic influence on the provisions of the Constitution can be found here.
Government
Federal Parliamentary System: The Constitution of the Islamic Republic of Pakistan provides for a Federal Parliamentary System of government, with the President as the Head of State and the popularly elected Prime Minister as Head of government. The Federal Legislature is a bicameral Majlis-e-Shoora (Parliament), composed of the National Assembly and the Senate.
Provinces: Pakistan is divided into four provinces. These are, Balochistan, the North-West Frontier Province (NWFP), Punjab, and Sindh. Governors are appointed by the President to head each Province.
Legal studies
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