Supreme Court Pakistan
Supreme Court of Pakistan
The Supreme Court of Pakistan is the highest judicial authority in the country and serves as the final court of appeal in both civil and criminal matters. It plays a vital role in ensuring the rule of law, interpreting the Constitution, and protecting the rights and freedoms of individuals. The Court has a significant influence on the legal and political landscape of Pakistan.
Key Facts
- Established: 1956 (post-independence)
- Location: Islamabad, the capital of Pakistan
- Role: The Supreme Court of Pakistan has the authority to interpret the Constitution, review legislation, and ensure that the laws align with constitutional principles. It is the final appellate court in the country.
Functions of the Supreme Court
Final Court of Appeal
- The Supreme Court is the highest appellate court in Pakistan, meaning it hears appeals against decisions made by lower courts, including High Courts. It has the authority to overturn or uphold the judgments passed by the lower courts.
Constitutional Interpretation and Review
- The Court plays an essential role in interpreting the Constitution of Pakistan. It resolves disputes between the federal government and provincial governments and addresses any issues regarding the constitutionality of laws and policies.
- It can strike down laws and government actions that violate the Constitution.
Protection of Fundamental Rights
- The Court protects the fundamental rights of citizens enshrined in the Constitution. It has the power to issue writs (orders) in cases involving human rights violations, including unlawful detention or discrimination.
Judicial Review
- The judicial review process enables the Supreme Court to examine the legality of decisions and actions made by both the executive and legislative branches of the government. This is crucial in ensuring that the other branches of government do not exceed their constitutional authority.
Public Interest Litigation
- The Supreme Court of Pakistan is known for hearing public interest cases, allowing any individual or group to approach the Court on matters affecting the broader public. This has made the Court an important institution for advocating social and political reforms.
Composition
The Supreme Court of Pakistan is composed of:
- Chief Justice: The head of the Supreme Court and the judicial system of Pakistan.
- Judges: The Court is made up of a total of 17 judges, including the Chief Justice. The number of judges can vary based on the needs of the Court, but typically, it consists of 11 to 17 judges.
The Chief Justice and other judges are appointed by the President of Pakistan on the advice of the Prime Minister.
Appointment of Judges
Appointment Process
- The Chief Justice of Pakistan is appointed by the President. The President is required to appoint the Chief Justice from among the sitting judges of the Supreme Court. The other judges are also appointed by the President, based on the recommendation of the Judicial Commission of Pakistan.
Tenure
- Judges of the Supreme Court serve until the age of 65 or for as long as they are deemed fit by the President.
Jurisdiction and Powers
- Original Jurisdiction:
- The Supreme Court has original jurisdiction over disputes between provinces or between the federal and provincial governments.
- Appellate Jurisdiction:
- It is the final appellate court in both civil and criminal matters, where appeals are made from the High Courts.
- Advisory Jurisdiction:
- The Supreme Court can also offer advisory opinions to the President of Pakistan on legal matters, though it is not required to do so.
Notable Cases and Rulings
Judicial Activism
- The Supreme Court of Pakistan has a history of judicial activism, particularly in cases relating to the public interest and constitutional matters. For instance, the NRO case (National Reconciliation Ordinance) was a landmark ruling where the Court declared the NRO unconstitutional, highlighting its role in checking corruption and holding the government accountable.
Human Rights Cases
- The Court has also taken a prominent role in addressing human rights violations. In cases of enforced disappearances, extrajudicial killings, and other violations of fundamental rights, the Court has intervened, ordering investigations and reforms.
Constitutional Amendments
- The Court has been involved in interpreting and striking down amendments to the Constitution that were seen as conflicting with democratic principles. The Seventeenth Amendment and the Eighteenth Amendment were crucial cases in which the Court played a significant role in defining the balance of power between different branches of government.
Court Procedures
Full Bench and Special Bench
- For significant cases, such as constitutional matters, the Court may sit as a full bench (all judges), whereas for other cases, a smaller special bench may be constituted.
Writ Petitions
- The Supreme Court is known for hearing writ petitions, which are filed by individuals or groups seeking judicial intervention on a legal issue. These writs include habeas corpus, mandamus, prohibition, and certiorari.
Challenges and Criticism
Judicial Independence
- While the Supreme Court is the highest authority, there have been concerns regarding political influence over the judiciary, especially during times of military rule or when the political landscape is unstable.
Access to Justice
- While the Court has expanded access to justice, the cost of legal proceedings and the lengthy delays in some cases remain challenges in ensuring equal access for all citizens.
Overcrowded Dockets
- The Court faces a high volume of cases, which leads to a backlog and delays in delivering timely justice.
Summary
The Supreme Court of Pakistan is a central institution in the country's legal and political system, with its responsibility to protect the Constitution, safeguard individual rights, and oversee the actions of the government. Through its powers of judicial review and its influence in shaping national policy, the Court plays a critical role in maintaining the democratic framework and rule of law in Pakistan.
RELATED Blog
0 comments