Introduction to Pakistan's Legal System
Pakistan's legal system is a complex system that is based on a mixture of Islamic, Anglo-Saxon, and customary law. The country has a federal system of government with four provinces, a capital territory, and a tribal area. The legal system is responsible for maintaining law and order and providing justice to the people of Pakistan. In this article, we will provide an in-depth introduction to Pakistan's legal system.
History of Pakistan's Legal System
The legal system in Pakistan has its roots in the British colonial period. The British introduced a legal system based on Anglo-Saxon law, which was used to govern India. After the creation of Pakistan in 1947, the country adopted this legal system. However, over time, Pakistan has made significant changes to this system and has also incorporated Islamic law into its legal framework.
During the early years of Pakistan, the legal system was heavily influenced by Islamic law. In 1956, the country adopted its first constitution, which recognized Islam as the state religion and declared that all laws must be in accordance with Islamic principles. This led to the gradual incorporation of Islamic law, or Shariah law, into Pakistan's legal framework.
In 1973, a new constitution was adopted, which further solidified the role of Islam in the legal system. The constitution recognized the Federal Shariat Court, which is responsible for ensuring that Pakistan's laws are in accordance with Islamic principles. The court has the power to strike down any law that it deems to be contrary to Islam.
The Constitution of Pakistan
The Constitution of Pakistan is the supreme law of the land. It was first adopted in 1956 and has since been amended several times. The current constitution was adopted in 1973 and is based on Islamic principles. It defines the powers of the government and the rights of the citizens.
The constitution is divided into several parts, including the preamble, fundamental rights, principles of policy, and the legislative, executive, and judicial branches of the government. The fundamental rights guaranteed by the constitution include the right to life, liberty, and the pursuit of happiness. The constitution also guarantees freedom of speech, religion, and assembly.
The Court System in Pakistan
Pakistan has a three-tier court system consisting of the lower courts, the high courts, and the Supreme Court. The lower courts include the district courts, which are responsible for hearing civil and criminal cases at the district level. The high courts are responsible for hearing appeals from the lower courts, and the Supreme Court is responsible for hearing appeals from the high courts.
The Supreme Court of Pakistan is the highest court in the country. It is headed by a Chief Justice and has several other judges. The court has original jurisdiction in cases involving violations of fundamental rights, and it also has appellate jurisdiction in cases involving constitutional law.
The Legal Profession in Pakistan
The legal profession in Pakistan is regulated by the Pakistan Bar Council. To practice law in Pakistan, a lawyer must be a member of a provincial bar council. The bar councils are responsible for maintaining the standards of the legal profession and for disciplining lawyers who violate ethical rules.
Lawyers in Pakistan are classified into two categories: advocates and pleaders. Advocates are lawyers who have been admitted to the bar and have the right to practice in all courts of Pakistan. Pleaders, on the other hand, are lawyers who are only allowed to practice in lower courts.
Human Rights in Pakistan
Human rights are an important aspect of Pakistan's legal system. The Constitution of Pakistan guarantees fundamental rights to its citizens, including the right to life, liberty, and the pursuit of happiness. However, Pakistan has been criticized by human rights organizations for violating the rights of its citizens, particularly in the areas of freedom of speech and religion.
Despite these challenges, Pakistan has made progress in protecting human rights. The country has established several institutions to protect human rights, including the National Commission for Human Rights and the Human Rights Cell of the Supreme Court. These institutions are responsible for investigating human rights violations and providing assistance to victims.
Conclusion
Pakistan's legal system is a complex system that is based on a mixture of Islamic, Anglo-Saxon, and customary law. The country has made significant changes to its legal system over time, and has incorporated Islamic law into its legal framework. The Constitution of Pakistan is the supreme law of the land, and guarantees fundamental rights to its citizens.
The court system in Pakistan consists of the lower courts, the high courts, and the Supreme Court. The legal profession in Pakistan is regulated by the Pakistan Bar Council, and lawyers in Pakistan are classified into two categories: advocates and pleaders.
Human rights are an important aspect of Pakistan's legal system, and the country has established several institutions to protect human rights. Despite challenges, Pakistan has made progress in protecting human rights, and continues to work towards improving its legal system.
FAQs
What is the legal system in Pakistan based on?
The legal system in Pakistan is based on a mixture of Islamic, Anglo-Saxon, and customary law.
What is the Constitution of Pakistan?
The Constitution of Pakistan is the supreme law of the land. It defines the powers of the government and the rights of the citizens.
What is the court system in Pakistan?
The court system in Pakistan consists of the lower courts, the high courts, and the Supreme Court.
What is the role of the Pakistan Bar Council?
The Pakistan Bar Council is responsible for regulating the legal profession in Pakistan.
What is the National Commission for Human Rights?
The National Commission for Human Rights is an institution established to protect human rights in Pakistan.