Azad Kashmir government
78-482: Azad Kashmir government Government of Gilgit-Baltistan Local government Constitution of Pakistan Territorial election commission Elections Provincial elections Territorial elections Political parties Provinces Autonomous region Customs Regional topics The Basic Principles Committee (BPC) was a specialized committee set up in March 1949 by Khawaja Nazimuddin on
156-604: A de jure power granted to the Court, article 17 of the Constitution states: Every citizen, not being in the service of (State of) Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Government declare that any political party has been formed or
234-515: A "dark day in the democratic history" of the country due to its approval in a "non-transparent and hasty manner without any debate." In contrast, Prime Minister Shehbaz Sharif referred to the amendment as a "historical achievement," asserting that it reinforced "parliamentary sovereignty." Interior Minister Mohsin Naqvi also lauded the legislation, claiming it would ensure "speedy justice" and facilitate "positive reforms." While significant concerns about
312-650: A fixed term of three years. The government, led by the Pakistan Muslim League (N) (PML-N) and supported by its coalition partner, the Pakistan People's Party (PPP), has argued that the amendment is necessary to curb what it views as judicial overreach. Prime Minister Shehbaz Sharif described the amendment as an assertion of legislative authority and a step toward restoring balance in Pakistan's constitutional structure. Supporters claim that
390-576: A saint." The modernists denounced the suggestion to create boards of ulemas as a "surrender to mullahism" and a "statutory recognition of priesthood [designed to create a] medieval theocracy in the twentieth century." In a series of letters appearing in The Pakistan Times, critics condemned such proposals stating the boards would become "super legislatures" where "regular priestly class [would be] eager to take part in politics by virtue of their being members of that class [alone]" . There
468-637: A split decision by 4:3 . In 1993, Prime Minister Benazir Bhutto controversially elevated the Supreme Court jurist, SA Shah , who had known for his liberal jurisprudence, as Chief Justice over two senior ranking jurists at the Supreme Court. However, Justice Shah's judicial leanings did not protected the Benazir' administration when it was dismissed by President Farooq Leghari over allegations on corruption . In 1997, judicial crises reached its peak when Supreme Judicial Council took up
546-418: A term of five years. The head of the provincial legislature was to be elected by the head of state for a term of five years working on the advice of the chief minister. The Supreme Court was to be the head of judiciary consisting of a chief justice and 2 to 6 judges. It was suggested to establish High Courts for each province. It was also the first time that the establishment of a religious oversight board
624-627: Is elected by the Azad Kashmir Legislative Assembly and is supported by a council of ministers. (S&GA). Ministry of Home Affairs The Azad Kashmir Legislative Assembly, also known as the AJK Legislative Assembly, is a unicameral legislature of elected representatives. The assembly consists of 41 elected members and eight co-opted members of whom five are women, one is from the Ulama community, one
702-603: Is from Jammu and Kashmir technocrats and other professionals, and one is from Jammu and Kashmir nationals residing abroad. The Supreme Court of Azad Jammu and Kashmir is the highest court of appeals in Azad Kashmir. It consists of a chief justice and two other judges. The number of judges in the supreme Court has been fixed at three by the Azad Kashmir Interim Constitution Act of 1974. The high court of Azad Kashmir , which serves as
780-620: Is made outside the limits prescribed in the Quran and the Sunnah. It was suggested that existing laws be also brought in conformity with the Islamic principles. The report emphasized the importance of a board of ulema that would vet legislation to make sure that it was in keeping with the teachings of Islam. The committee also recommended that the head of state be a Muslim and that separate electorates be maintained for Muslims and non-Muslims. During
858-544: Is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. The Supreme Court thus provides, in principle, an important safeguard against the abuse of laws that could potentially have politically repressive consequences or in clear violation of human rights . The Constitution also allows
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#1732786900663936-533: Is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan . Established in accordance with Part VII of the Constitution of Pakistan , it has ultimate and extensive appellate , original , and advisory jurisdictions on all courts (including the high courts , district , special and Shariat court ), involving issues of laws and may act on the verdicts rendered on
1014-420: Is the state government which administers one of the territories of Pakistani-administered Kashmir territories of Azad Kashmir . The Azad Kashmir government consists of a president as head of state and a prime minister as chief executive, with the support of a council of ministers. The state assembly is the Azad Kashmir Legislative Assembly . The chief executive of the government is the prime minister, who
1092-554: Is yet to fill. There are two ad hoc appointment of the jurists from the Federal Shariat Court to assist with religiosity concerned cases. As of current formation, Yahya Afridi is tenuring as the Chief Justice of Pakistan , having been appointed on 26 October 2024. The Supreme Court is currently composed of the following justices (in order of seniority), that included the sixteen regular judges including
1170-606: The Bengali language from the constitutional arena. There was also criticism of the proposals for a strong centre with vast powers on financial matters. On 4 October 1950, in an editorial published in the Nawa-i-Waqt , the report was called a "charter of people's slavery" . Amidst furious criticisms, Liaquat Ali Khan refrained from considering the report and invited the committee to present revised proposals and suggestions. He also called for general suggestions and comments from
1248-399: The Constitution of Pakistan in 1973 where a significant part of the Constitution is dedicated towards the restructuring of the Supreme Court. The Part VII of the Constitution , ranges from articles 176 through 191, deals with the powers, composition, rules, and responsibilities of the Supreme Court. These articles concern: The Part VII of the Constitution of Pakistan reconstituted
1326-511: The Federal Shariat Court may be appealed to the Appellate Bench, as the Appellate Bench of Supreme Court is the final authority on Islamic interpretation of law in Pakistan. The registry of the Supreme Court is its appointed officers who is assisted by registrars, several additional and deputy registrars, gazetted officers, and other law clerks. The registry branches provides speedy justice of all nature of crimes and disputes to
1404-549: The President upon their nominations from the Prime Minister 's selection based on their merited qualifications. Once appointed, justices are expected to complete a designated term and then retire at 65 years old, unless their term is terminated through resignation or impeachment by the supreme judicial committee resulted in a presidential reference in regards to the misconduct of judge(s). In their discourse judgement ,
1482-528: The Sindh High Court exists now. In successive years, the Supreme Court was moved to Lahore High Court until the Supreme Court was permanently moved into its new building constructed in Islamabad in 1964. Although the Supreme Court was established pursuant to the Government of India Act 1935 , the modern structure of the court was reestablished by the second set in 1956, and restructured by
1560-652: The ad hoc appointment that are from the Federal Sharia Court . A judge of the Supreme Court can be removed under the Constitution only on grounds of proven misconduct or incapacity and by an order of the President of Pakistan. A written reference has to be sent to the Supreme Judicial Council that will conduct the hearings of allegations of misconduct that would determine the removal of judge. The Judicial Commission determines
1638-675: The high courts in all over the Indian subcontinent in various provinces while abolishing the supreme courts Calcutta , Bombay , Madras , Lahore , and also the Panchayati system in autonomous presidencies . Until the enactment of the Government of India Act 1935 in 1935 that created the Federal Court , these new high courts had the distinctionary powers of being the highest Courts for all cases. The Federal Court had wide range of jurisdictions to resolve disputes between
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#17327869006631716-423: The ideology of Pakistan , under-representing the majority province and neglecting the Bengali language thoroughly in the constitutional and legislative process. The suggestion of the formation of a religious oversight board was also seen as " undemocratic [and] an insult to Islam ". Before the first constituent assembly of Pakistan could formulate any constitution or legislature, it was necessary to put in order
1794-574: The judicial independence of the Supreme Court in 2004 when Shaukat Aziz became prime minister. In a lecture in November 2022, Justice Ayesha A. Malik observed an increasing tendency to bring political and social issues to court that would be more suited for resolution within parliament or by the executive. Noting that this is the point at which balancing of power , judicial restraint (refraining from undue interference in other branches of government) and legal clarity become relevant, Malik expressed
1872-429: The 1990s, the nomination and confirmation process has attracted considerable attention from the print press and electronic media , as news media often comments on the executive's selection for the appointment. Appointments of Chief Justices Saeeduzzaman Siddiqui , S.A. Shah , Iftikhar Chaudhry , Faisal Arab , and T.H. Jillani Saqib Nisar and Asif Saeed Khosa have gain prominent attention from media in all over
1950-499: The 26th Constitutional Amendment could significantly undermine the judiciary's independence, stating that "Constitutional reforms must be in line with international human rights law." The International Commission of Jurists (ICJ) similarly criticised the amendment, describing it as a "blow to judicial independence." However, it also acknowledged that some reforms to the judicial system were needed to enhance efficiency and accountability. In practice awarded by Constitution , judges of
2028-684: The Chief Justice Muh'd Shahabuddin , the Supreme Court had the conservative leanings in regards to the constitutionalism and their judgements in the cases of important issues. Chief Justice Shahabuddin plays a crucial role in drafting the second set of the Constitution of Pakistan which incorporated the liberal ideas with the important Islamic provisions. In 1960, President Ayub Khan appointed Justice Alvin Robert Cornelius who took much liberal approach in his jurisprudence when deciding cases on fundamental rights against
2106-601: The Chief Justice and two ad hoc judges who were reappointed again after their retirement. The ad hoc appointments are due to fill the Shariat Appellate Bench that is composed on legal scholars that has expertised on Islamic jurisprudence since its establishment in 1980. The ad hoc appointments for this bench are drawn either from the Federal Shariat Court or from among the Clergy . Decisions made
2184-468: The Chief Justice of Pakistan in 2007. Justice Qazi Faez Isa is of the Hazara descent who is currently serving as the Chief Justice of the Supreme Court. In January 2022, Ayesha Malik was sworn in as the first female Supreme Court judge. The jurists/judges do not represent or receive the official political endorsements from the nation's political parties which is an acceptable professional practice in
2262-481: The National Assembly passed the 26th Amendment in an hours-long, overnight session. Previously, the senior-most judge in the Supreme Court would automatically succeed as Chief Justice upon the retirement of the incumbent at age 65. Under the new amendment, the Chief Justice of Pakistan will now be nominated by a Special Parliamentary Committee from among the three most senior judges of the Supreme Court, with
2340-510: The Objectives Resolution as an integral part of the constitution of Pakistan and the legislative process, suggesting that the resolution should be incorporated into the constitution as "a directive principle of [state] policy" . The report also presented a suggestion for the central legislature was to be a bicameral with an upper house consisting of 100 members, and a lower house consisting of 400 members. The upper house
2418-402: The Supreme Court comes from an executive selection made by the Prime Minister based on judges' merited qualifications, personal intellectualism, and experiences as judge in high courts. The President then confirms the nomination summary and eventually appoints the Chief Justice and judges in the Supreme Court. The Constitution states that a nominee is not eligible unless they are: Since
Basic Principles Committee - Misplaced Pages Continue
2496-545: The Supreme Court greatly divided with Justice Dorab Patel , Justice G.S. Shah, and Justice Moh'd Haleem , who had the moderate and liberal leanings in their jurisprudence strongly disagreed with Bhutto's sentence of Capital punishment . On the other hand, Chief Justice Haq , Justice N.H. Shah , Justice Waheedudin Ahmad, and Justice Kaisar Khan, were described as having conservative/texualist ideology in their rulings and found Bhutto suitable for capital punishment; hence, marking
2574-487: The Supreme Court made when the quorum of Judges is not possible to complete the sitting number of justices in the court, or if it is necessary to increase the number of justices in the Supreme Court. The nomination comes directly from the Judicial Commission chaired by the Chief Justice who prepares the nomination summary as President confirms their appointments. As of current, there are two justices are on
2652-450: The Supreme Court to exercise powers and take sua sponte actions against the person, regardless of its statue, or the authority, of being disobedient to or disrespectful towards the Supreme Court, its justices, and its officers in the form of behavior that opposes or defies the Supreme Court's institutional integrity and popular authority. In 1997, Chief Justice S.A. Shah found Prime Minister Nawaz Sharif of contempt of court but
2730-423: The Supreme Court. In 1960, Justice Alvin Robert Cornelius became the first Christian to be served as Chief Justice , while George Constantine also served in the Court. In the 1970s–1980s, Justice Dorab Patel was the first Zorastrian , followed by Justice Rustom Sidwa who served as Supreme Court justice from 1989 until 1993. Justice Rana Bhagwandas was the first Hindu jurist who has distinction being
2808-534: The advice of prime minister Liaquat Ali Khan . The committee's sole purpose was to determine the basic underlying principles that would determine future constitutions and legislature in Pakistan . Initial recommendations and proposals suggested by the BPC were strongly criticized in the local media and the public. Much of the criticism came from East Pakistan where the committee proposals were said to be subversive of
2886-561: The amendment's implications for judicial independence have been raised, supporters maintain that the changes aim to create a more efficient, accountable, and transparent judicial appointment process. Lawmakers from the opposition party the Pakistan Tehreek-e-Insaf (PTI), criticised the amendments as an effort to weaken the judiciary and called it a "black day" in Pakistan's constitutional history. United Nations Human Rights chief Volker Turk also expressed concern that
2964-508: The basic principles that would determine how the constitution should be framed. On 7 March 1949, the Objectives Resolution was presented, which serves to this day as the grundnorm for constitutional process in Pakistan. The resolution was adopted by the constituent assembly on 12 March 1949, when 21 members voted for it. The Basic Principles Committee (BPC) was formed on the same day by the constituent assembly. The committee
3042-427: The case against Justice Shah's appointment who eventually resigned from his office and succeeded by conservative jurist Ajmal Mian , only to be replaced with conservative jurist Saeeduzzaman Siddiqui as the new Chief Justice. On 12 October 1999, the Supreme Court partially validated the martial law in the light of "doctrine of necessity" on the technicality but Chief Justice Saeeduzzaman Siddiqui decided to hear
3120-403: The case hearings after President Yahya Khan declared martial law and suspended the writ of the constitution. In the views of Chief Justice Rahman, the martial law was invalid and notably ruled that Yahya Khan's assumption of power was "illegal usurpation". The Supreme Court also overruled and overturned its convictions that called for validation of martial law in 1958. Despite rulings, there
3198-440: The cases in context in which it enjoys jurisdiction. In the court system of Pakistan , the Supreme Court is the final arbiter of legal and constitutional disputes as well as final interpreter of constitutional law , and the highest court of appeal in Pakistan. In its modern composition, the Supreme Court is incorporated of Chief Justice of Pakistan , sixteen justices and two ad hoc who are confirmed to their appointment by
Basic Principles Committee - Misplaced Pages Continue
3276-411: The central and provincial legislatures. In case of any dispute, the Supreme Court would have the authority to interpret the constitution. These initial recommendations raised a firestorm of protest. It was called reactionary, undemocratic, an insult to Islam, smacking of fascist approach, subversive of the ideology of Pakistan and a gross betrayal of the solemn pledges made to the people. In particular,
3354-467: The composition of Supreme Court and the high courts but it does not specify the number of justices to be served in the Supreme Court. Qualifications to be served as a supreme court justice are strictly imposed that are based on merit, personal intellectualism, and experiences as a judge in the high courts. In 1947, the Supreme Court consisted of a Chief Justice and six senior judges from Sindh , Punjab , NWFP , Balochistan , and East Bengal . Over
3432-426: The conservative leaning jurists and elevated the judges who had known to have libertarian views in their jurisprudence at the Supreme Court, including Justice Irshad Hasan as Chief Justice. In 2002, The Supreme Court supervised the general elections successfully oversaw the transition of power from the office of Chief Executive to Prime minister . The legalization of Contempt of court act further strengthened
3510-511: The constituent assembly on 28 September 1950. The main features presented in the report were also simultaneously published in an article in the Dawn newspaper a day later, ushering strong criticism from the public, particularly from critics in East Pakistan . The report called for the state of Pakistan to be a federation where Urdu was to be the state language. It also formally recognized
3588-480: The constituent assembly. An interim draft for a second report of the BPC had been finalized by the third week of November and was to be presented to the Constituent Assembly on 23 November 1952. Its presentation was however postponed at the very last minute due to reservations held by some members of the committee. The BPC held a meeting on 19 December 1952 where the final draft for the second proposal
3666-401: The country, mainly due to their ideological and philosophical leanings. Furthermore, the major and influential recommendations for judges to be elevated at the Supreme Court as justices comes from the Judicial Commission that is chaired by the Chief Justice of Pakistan who prepares the qualification summary before the nomination sent to executive. There has been Ad hoc appointment in
3744-569: The court of appeals, has three circuit benches based in Kotli , Mirpur and Rawalakot . Chief Election Commissioner for conducting general elections in AJK; Service Tribunal for adjudicating service issues of civil servants; Zakat Council for collecting, distributing the zakat system in AJK; Supreme Judicial Council of AJK; Supreme Court of Pakistan The Supreme Court of Pakistan ( Urdu : عدالتِ عظمیٰ پاکستان ; Adālat-e-Uzma Pākistān )
3822-405: The debate concerning the proposition of the head of state being a Muslim, Sardar Shaukat Hayat Khan observed that the provision was undeniably against fundamental rights. He said, "I presume the country’s population to be 85 percent Muslim and if a Muslim cannot be returned as a Head of State with an 85% Muslim population where a Hindu is returned with a minority of only 15%, then that Hindu must be
3900-427: The executive authorities. In 1977, the Supreme Court had again legalized the martial law in the light of " doctrine of necessity " and denied taking petitions to review its decision. During this time, Supreme Court justices were described as notoriously conservative and only a few moderates, appointed by Prime Minister Zulfikar Ali Bhutto as his role as President in 1971–73. The Supreme Court, however, did take
3978-468: The executive branch of the government. As their American counterparts in the U.S. Supreme Court , the Jurists philosophical leanings in the Supreme Court are often categorized as conservative , moderate , liberal , and textualist that reflected in their judicial interpretation of the judgements in the impending cases of importance. In 1947, Governor-General Muhammad Ali Jinnah confirmed
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#17327869006634056-399: The executive overreach. Justice Cornelius led Supreme Court's verdicts on many constitutional cases were carefully sided with the Islamic ideas but provided much broader role of liberal ideas to safeguard the fundamental rights of the ordinary citizens while being critical of the state emergency . In 1968, the Supreme Court was greatly divided when Chief Justice Hamoodur Rahman presided
4134-424: The explicit de jure powers and enjoys the powerful judicial independence to block the exercise of certain Prime Minister 's executive powers or Parliament 's legislative powers that repugnant to Constitution . The Supreme Court has maintained its institutional integrity and has been able to maintain its authority to some degree in the face of martial law in Pakistan in last decades. In another example of
4212-449: The future constitution of Pakistan. The Objective Resolution was adopted as a preamble to the proposed constitution and the principles defined therein were to guide the state. With Sardar Abdur Rab Nishtar at the helm of the committee, the second proposal adopted a more Islamic stance. Some suggest it merely contained "religious rhetoric" . A specific clause was added to the proposal which laid down procedures to prevent any legislation that
4290-475: The future constitutions of Pakistan would be framed. The committee was asked to propose basic principles and concerned recommendations that would help the constituent assembly with their constitutional and legislative tasks. In order to do so, the committee had its initial two meetings in April 1949 where three distinct sub-committees were formed to deal with specialized tasks: The BPC presented its initial report to
4368-425: The judgement of the Supreme Court's senior judges in regards to the elections. The case was later dropped when Attorney-General assured the Supreme Court justices that Imran Khan did not insubordinate the judiciary. Pakistani politicians have historically voiced concerns over judicial involvement in governance, often calling for a recalibration of power between the judiciary and the legislature. On 21 October 2024,
4446-542: The judiciary's previous involvement in political matters had, at times, led to decisions undermining elected governments and democracy itself. The change prompted criticism and concern over its potential impact on judicial independence. Former Sindh High Court Bar Association president Salahuddin Ahmed shared a statement from the Karachi Bar Association that criticised the amendment's passage, calling it
4524-708: The justices are often categorized as having the conservative , textual , moderate , and liberal philosophies of law in their judicial interpretation of law and judgements. The Supreme Court has a permanent seat in Islamabad and meets at the Supreme Court Building at the Red Zone . In 1861, the British government in India enacted the Indian High Courts Act that created
4602-442: The limits prescribed in the Objectives Resolution. Government of Azad Kashmir Government of Gilgit-Baltistan Local government Constitution of Pakistan Territorial election commission Elections Provincial elections Territorial elections Political parties Provinces Autonomous region Customs Regional topics The Government of Azad Kashmir ( Urdu : حکومتِ آزاد کشمیر )
4680-509: The nomination of Justice Sir Abdul Rashid , at the behest of Prime Minister Liaquat Ali-Khan , was said to be a national conservative leanings in his judgement. His successor, Chief Justice Muh'd Munir , was a liberal in his jurisprudence but sided with conservative judgement when validated dissolution of the first Constituent Assembly in 1954 and the National Assembly in 1958 in the light of doctrine of necessity . Under
4758-403: The order itself was voided by the Supreme Judicial Council . In 2012, Chief Justice Iftikhar Chaudhry retroactively barred Prime Minister Yousaf Raza Gillani of holding the office after the latter was found of in charges of court of contempt and refusing to follow the court's orders. In 2013, the Supreme Court took suo motu actions against populist Imran Khan of criticising against
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#17327869006634836-406: The petitions over the legality of the martial law. Although, the Supreme Court had only validated the martial law for three-years only, the Supreme Court's jurists and Justice Saeeduzzaman Siddiqui in clear view of this coup as a "violation of constitution" as Sharif's lawyers made a ground base for finding Musharraf of treason. General Musharraf, acting as Chief Executive , forcefully retired
4914-439: The petitions to review the case of Zulfikar Ali Bhutto , after his counsels filed an appeal against the verdict of Lahore High Court . The Constitution Bench formed under Chief Justice Sh. Anwarul Haq , had contained Justice Muhammad Akram, Justice Dorab Patel , Justice Mohammad Haleem , Justice Nasim Hasan Shah , Justice Ghulam safdar Shah, Justice Kareem Illahi, Justice Waheedudin Ahmad, and Justice Kaisar Khan. By 1979,
4992-465: The provinces, presidencies, and the Government of India Act 1935 , often hearing appeals against judgements of the High Courts. After the partition of India in 1947, the Federal Court was also partitioned between India and Pakistan as Justice Sir Harilal Kania became the first Chief Justice of India and Justice Sir Abdul Rashid becoming the first Chief Justice of Pakistan . While
5070-489: The public in order to incorporate public opinion. Another special sub-committee was formed therein to facilitate such measures. This sub-committee was headed by Sardar Abdur Rab Nishtar and later presented a revised report in the constituent assembly in July 1952. In light of the criticism received for the first proposal, the committee moved towards including greater participation of public opinion into their successive report to
5148-403: The report was highly criticized by Sris Chandra Chattopadhyay who observed that East Pakistan, being more populous than West Pakistan , would be under-represented if both were given an equal number of seats in the upper house. This would have effectively rendered the eastern province a minority. Bengali critics also voiced concern over making Urdu the national language while thoroughly neglecting
5226-489: The salary, other allowances, leave of absence, pension, etc. of the Supreme Court justices. A Supreme Court justice gets ₨. 558,907.00 ( $ 5,333.85) with additional allowances of ₨. 259,009.00 ( $ 2471.81). Other benefits include the free housing and medical treatment as well as tax-free electricity bills. A judge who has retired as a justice of the Supreme Court is debarred from practising in any court of law or before any other authority in Pakistan. The Supreme Court has
5304-554: The several successive years, the work of the Court increased and cases began to accumulate, leading the Supreme Court requesting the Parliament to increase the number of judges. As the number of the justices has increased, they sit in smaller benches of two or three (referred to as a division bench ), however, coming together in larger benches of five or more (referred to as a constitution bench) when required to settle fundamental questions of law. The nomination of justices in
5382-407: The supreme court have been selected so far, mostly from amongst judges of the high courts. The Constitution allows the judges to be appointed at the Supreme Court regardless of colour, race, and religious sect. Justices A.S.M. Akram , Fazal Akbar , Amin Ahmed , Abdus Sattar , Hameedur Rahman , and Hamoodur Rahman (Chief Justice) were the Bengali / Bihari jurists who served as senior justices in
5460-488: The tradition of British law culture continues to remain an integral part of the judiciary, the modern existence of the Supreme Court of Pakistan came when the first set of the Constitution of Pakistan was promulgated on 23 March 1956. The ratification of the Constitution of Pakistan reestablished the Supreme Court in 1956, replacing the name "Federal Court" to "Supreme Court", initially had its seat in Karachi where
5538-505: The view that courts should not act solely on compassion but instead prioritize upholding the rule of law . The justices and jurists of the supreme court are set to retire at the age of 65, unless the jurists sooner resign or are removed from office, or records written reasons for deviating from this rule in accordance with the Constitution . By an act of parliament of 1997, there is a fixed number of justices at 17 and, as of current, there are currently sixteen judges and one vacancy that
5616-490: Was a split decision between the moderate justices, including Chief Justice Rahman, and conservative leaning justices of the Supreme Court who "condoned" the actions in the light of " doctrine of necessity ". The de jure powers of the Supreme Court have increased since presiding the War Enquiry Commission in 1974, intervening in the events that Supreme Court justices viewed as violation of human rights by
5694-410: Was even more criticism surrounding the inclusion of religious rhetoric in the committee's proposals especially in the formation of the board of ulema ; critics called such initiatives "undemocratic [and] an insult to Islam" . Nawa-i-Waqt defended the suggestion of creating the board as being "utterly democratic" . On 31 December 1952, Dawn newspaper expressed concern that the committee may have exceeded
5772-476: Was set up by governor-general Khawaja Nazimuddin upon advice from Prime Minister Liaquat Ali Khan . It was presided over by Maulvi Tamizuddin Khan with Liaquat Ali Khan serving also as its vice-president. The committee had 24 other members, though not all were members of the constituent assembly as well. The purpose of the BPC was to formulate the basic principles based on the Objectives Resolution using which
5850-399: Was signed. But, in the conspicuous absence of Mumtaz Daultana , Nurul Amin , Begum Jahanara Shahnawaz , A.H. Gardezi, Justice Abdul Rashid and Mohammad Akram Khan , the report was signed by Malik Shaukat Ali signed it conditionally. The report was presented to the assembly on 22 December 1952. The main features of the committee's second report focused prominently on the place of Islam in
5928-551: Was suggested. A board of ulema (religious scholars) was suggested to be appointed by the head of state and provincial governors to examine the processes of law-making ensuring those laws to be in accordance with the Quran and the Sunnah . Legislative power was to be divided into three lists: The residuary powers were vested in the centre. The procedure to amend the constitution was made very rigid. It required majority approval from
6006-404: Was to be elected by a joint session of the two houses for a term of five years working on the advice of the prime minister. The federal legislature would have the authority to remove the head of state. The head of state was given added powers like the authority to abrogate the constitution and issue ordinances. Each province would have its own legislature elected on the basis of adult franchise for
6084-400: Was to be elected by the provincial legislature serving as the representative institution of the provinces, while the lower house was to be elected by the people on the basis of adult franchise . The tenure of both houses was to be five years with both enjoying equal power. The decisions regarding budget or monetary bills were to be decided in joint sessions of the two houses. The head of state
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