174-599: The Supreme Court of Pakistan ( Urdu : عدالتِ عظمیٰ پاکستان ; Adālat-e-Uzma Pākistān ) 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
348-604: 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
522-642: A dialect continuum ranging from Persianised to Sanskritised vocabulary, but now they are more and more different in words due to politics. Old Urdu dictionaries also contain most of the Sanskrit words now present in Hindi. Mutual intelligibility decreases in literary and specialised contexts that rely on academic or technical vocabulary. In a longer conversation, differences in formal vocabulary and pronunciation of some Urdu phonemes are noticeable, though many native Hindi speakers also pronounce these phonemes. At
696-515: 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
870-506: A barrister to practice in a dual capacity. In some common law jurisdictions, such as New Zealand and some Australian states and territories, lawyers are entitled to practice both as barristers and solicitors, but it remains a separate system of qualification to practice exclusively as a barrister. In others, such as the United States , the distinction between barristers and other types of lawyers does not exist at all. A barrister
1044-407: A barrister usually wears a horsehair wig, stiff collar, bands , and a gown. Since January 2008, solicitor advocates have also been entitled to wear wigs, but wear different gowns. In many countries the traditional divisions between barristers and other legal representatives are gradually decreasing. Barristers once enjoyed a monopoly on appearances before the higher courts, but particularly within
1218-461: A client in administrative tax appeals) and patent agents ( "benrishi" , qualified to practice patent registration and represent a client in administrative patent appeals). Only the lawyers ( bengoshi ) can appear before the court and are qualified to practice in any areas of law, including, but not limited to, areas that those qualified law-related professionals above are allowed to practice. Most attorneys still focus primarily on court practice and still
1392-406: A core vocabulary of native Sanskrit and Prakrit derived words and a significant number of Arabic and Persian loanwords, with a consensus of linguists considering them to be two standardised forms of the same language and consider the differences to be sociolinguistic ; a few classify them separately. The two languages are often considered to be a single language (Hindustani or Hindi-Urdu) on
1566-632: A few moderates, appointed by Prime Minister Zulfikar Ali Bhutto as his role as President in 1971–73. The Supreme Court, however, did take 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,
1740-648: 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
1914-405: A fused profession, arguing and preparing cases in contentious matters, whereas Quebec's other type of lawyer, civil-law notaries ( notaires ), handle out-of-court non-contentious matters. However, a number of areas of non-contentious private law are not monopolized by notaries so that attorneys often specialize in handling either trials, cases, advising, or non-trial matters. The only disadvantage
SECTION 10
#17327903769512088-490: A heavy influence on both as a co-official language. According to Bruce (2021), Urdu has adapted English words since the eighteenth century. A movement towards the hyper-Persianisation of an Urdu emerged in Pakistan since its independence in 1947 which is "as artificial as" the hyper-Sanskritised Hindi that has emerged in India; hyper-Persianisation of Urdu was prompted in part by the increasing Sanskritisation of Hindi. However,
2262-600: A lawyer who represented the client in the lower courts. However, these restrictions do not apply to criminal cases, nor to pleadings at courts of the other court systems, including labour, administrative, taxation, and social courts and the European Union court system. The legal profession in Hong Kong is also divided into two branches: barristers and solicitors. In the High Court of Hong Kong (including both
2436-632: A less formal arrangement but this is not compulsory. Devils are not generally paid for their work in their devilling year. Israel In Israel, there is no distinction between barristers and solicitors. Japan adopts a unified system. However, there are certain classes of qualified professionals who are allowed to practice in certain limited areas of law, such as scriveners ( shiho shoshi , qualified to handle title registration, deposit, and certain petite court proceedings with additional certification), tax accountants ( zeirishi , qualified to prepare tax returns, provide advice on tax computation and represent
2610-518: A literary medium for Indian writers from the Bombay Presidency, Bengal, Orissa Province, and Tamil Nadu as well. As Urdu and Hindi became means of religious and social construction for Muslims and Hindus respectively, each register developed its own script. According to Islamic tradition, Arabic , the language of Muhammad and the Qur'an , holds spiritual significance and power. Because Urdu
2784-595: A notable novel being Umrao Jaan Ada . According to the Navadirul Alfaz by Khan-i Arzu, the "Zaban-e Urdu-e Shahi" [language of the Imperial Camp] had attained special importance in the time of Alamgir ". By the end of the reign of Aurangzeb in the early 1700s, the common language around Delhi began to be referred to as Zaban-e-Urdu , a name derived from the Turkic word ordu (army) or orda and
2958-702: A phonological level, speakers of both languages are frequently aware of the Perso-Arabic or Sanskrit origins of their word choice, which affects the pronunciation of those words. Urdu speakers will often insert vowels to break up consonant clusters found in words of Sanskritic origin, but will pronounce them correctly in Arabic and Persian loanwords. As a result of religious nationalism since the partition of British India and continued communal tensions, native speakers of both Hindi and Urdu frequently assert that they are distinct languages. The grammar of Hindi and Urdu
3132-589: A policy continued by the Mughal Empire , which extended over most of northern South Asia from the 16th to 18th centuries and cemented Persian influence on Hindustani. Urdu was patronised by the Nawab of Awadh and in Lucknow , the language was refined, being not only spoken in the court, but by the common people in the city—both Hindus and Muslims; the city of Lucknow gave birth to Urdu prose literature, with
3306-507: A sectarian divide of "Urdu" for Muslims and "Hindi" for Hindus, a divide that was formalised with the partition of colonial India into the Dominion of India and the Dominion of Pakistan after independence (though there are Hindu poets who continue to write in Urdu, including Gopi Chand Narang and Gulzar ). Urdu had been used as a literary medium for British colonial Indian writers from
3480-560: A separate qualification) and who retain exclusivity over conveyancing and probate. After the 1971 and 1990 legal reforms, the avocat was fused with the avoué and the conseil juridique , making the avocat (or, if female, avocate ) an all-purpose lawyer for matters of contentious jurisdiction, analogous to an American attorney. French attorneys usually do not (although they are entitled to) act both as litigators (trial lawyers) and legal consultants (advising lawyers), known respectively as avocat plaidant and avocat-conseil . This distinction
3654-481: A significant role in the development of the Urdu register. Hindi became the distinct register spoken by those who sought to construct a Hindu identity in the face of colonial rule. As Hindi separated from Hindustani to create a distinct spiritual identity, Urdu was employed to create a definitive Islamic identity for the Muslim population in India. Urdu's use was not confined only to northern India – it had been used as
SECTION 20
#17327903769513828-461: A single state bar council to practise in India. However, this does not restrict a barrister from appearing before any court in India. For all practical and legal purposes, the Bar Council of India retains with it, the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any There are two requirements to practise in India. First,
4002-632: 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
4176-614: A symbol of their religious identity. Hindus in northwestern India, under the Arya Samaj agitated against the sole use of the Perso-Arabic script and argued that the language should be written in the native Devanagari script, which triggered a backlash against the use of Hindi written in Devanagari by the Anjuman-e-Islamia of Lahore. Hindi in the Devanagari script and Urdu written in the Perso-Arabic script established
4350-419: A uniting language. Urdu was chosen as a symbol of unity for the new Dominion of Pakistan in 1947, because it had already served as a lingua franca among Muslims in north and northwest of British Indian Empire . Urdu is also seen as a repertory for the cultural and social heritage of Pakistan. While Urdu and Islam together played important roles in developing the national identity of Pakistan, disputes in
4524-465: A vehicle of poetry, (especially under the Bahmanids ), and is known as Dakhini , which contains loanwords from Telugu and Marathi . From the 13th century until the end of the 18th century; the language now known as Urdu was called Hindi , Hindavi , Hindustani , Dehlavi , Dihlawi , Lahori , and Lashkari . The Delhi Sultanate established Persian as its official language in India,
4698-464: A very significant number among the nearly 800 districts of India, there is a small Urdu-speaking minority at least. In Araria district , Bihar, there is a plurality of Urdu speakers and near-plurality in Hyderabad district, Telangana (43.35% Telugu speakers and 43.24% Urdu speakers). Some Indian Muslim schools ( Madrasa ) teach Urdu as a first language and have their own syllabi and exams. In fact,
4872-414: A very small number of attorneys give sophisticated and expert legal advice on a day-to-day basis to large corporations. The Netherlands used to have a semi-separated legal profession comprising the lawyer and the procureur , the latter resembling, to some extent, the profession of barrister. Under that system, lawyers were entitled to represent their clients in law, but were only able to file cases before
5046-641: Is a growing tendency for practitioners in the bigger practices to specialize in one or the other. In colloquial parlance within the Nigerian legal profession, lawyers may, therefore, be referred to as "litigators" or as "solicitors". Consistent with the practice in England and elsewhere in the Commonwealth, senior members of the profession may be selected for elevation to the Inner Bar by the conferment of
5220-584: Is a lawyer who represents a litigant as an advocate before a court. A barrister speaks in court and presents the case before a judge, with or without a jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, other legal professionals (such as solicitors) generally meet with clients, perform preparatory and administrative work, and provide legal advice. Barristers often have little or no direct contact with their clients. All correspondence, inquiries, invoices, and so on, will be addressed to
5394-548: Is a protected language in the constitution. It is also spoken as a minority language in Afghanistan and Bangladesh , with no official status. Urdu and Hindi share a common Sanskrit - and Prakrit -derived vocabulary base, phonology , syntax , and grammar, making them mutually intelligible during colloquial communication . While formal Urdu draws literary, political, and technical vocabulary from Persian , formal Hindi draws these aspects from Sanskrit; consequently,
Supreme Court of Pakistan - Misplaced Pages Continue
5568-399: Is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts. Barristers usually have particular knowledge of case law, precedent, and the skills to build a case. When another legal professional is confronted with an unusual point of law, they may seek the opinion of a barrister on
5742-481: Is generally recognised that the first examination is much more difficult than the CAPA and is dreaded by most law students. Each bar is regulated by a Bar Council ( Ordre du barreau ). A separate body of barristers exists called the avocats au Conseil d'Etat et à la Cour de Cassation . Although their legal background, training and status is the same as the all-purpose avocats, these have a monopoly over litigation taken to
5916-478: Is however purely informal and does not correspond to any difference in qualification or admission to the role. All intending attorneys must pass an examination to be able to enrol in one of the Centre régional de formation à la profession d'avocat (CRFPA) (Regional centre for the training of lawyers). The CRFPA course has a duration of two years and is a mix between classroom teachings and internships. Its culmination
6090-524: Is little overlap. In the Australian states of New South Wales , Victoria and Queensland , there is a split profession. Nevertheless, subject to conditions, barristers can accept direct access work from clients. Each state Bar Association regulates the profession and essentially has the functions of the English Inns of Court. In the states of South Australia and Western Australia , as well as
6264-721: Is no formal distinction between barristers and solicitors. All students who pass the bar examinations – offered exclusively by the Nigerian Law School – are called to the Nigerian bar, by the Body of Benchers. Lawyers may argue in any Federal trial or appellate court as well as any of the courts in Nigeria's 36 states and the Federal Capital Territory. The Legal Practitioner's Act refers to Nigerian lawyers as Legal Practitioners, and following their call to
6438-469: Is not officially recognised by the Government of Bangladesh . The Urdu spoken by Stranded Pakistanis in Bangladesh is different from this dialect. Many bilingual or multi-lingual Urdu speakers, being familiar with both Urdu and English, display code-switching (referred to as " Urdish ") in certain localities and between certain social groups. On 14 August 2015, the Government of Pakistan launched
6612-607: Is not usually done for interlocutory applications. Wigs and robes are still worn in the Supreme Court and the District Court in civil matters and are dependent on the judicial officer's attire. Robes and wigs are worn in all criminal cases. In Western Australia, wigs are no longer worn in any court. Each year, the Bar Association appoints certain barristers of seniority and eminence to the rank of "Senior Counsel" (in most States and Territories) or "King's Counsel" (in
6786-488: Is one variety, is spoken much more widely, forming the third most commonly spoken language in the world, after Mandarin and English . The syntax (grammar), morphology , and the core vocabulary of Urdu and Hindi are essentially identical – thus linguists usually count them as one single language, while some contend that they are considered as two different languages for socio-political reasons. Owing to interaction with other languages, Urdu has become localised wherever it
6960-543: 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
7134-593: Is read and written as in other parts of India. A number of daily newspapers and several monthly magazines in Urdu are published in these states. Dhakaiya Urdu is a dialect native to the city of Old Dhaka in Bangladesh , dating back to the Mughal era . However, its popularity, even among native speakers, has been gradually declining since the Bengali Language Movement in the 20th century. It
Supreme Court of Pakistan - Misplaced Pages Continue
7308-406: Is relatively common for the barrister to receive the brief from the instructing solicitor to represent a client at trial only a day or two before the proceeding. Part of the reason for this is cost. A barrister is entitled to a "brief fee" when a brief is delivered, and this represents the bulk of his or her fee in relation to any trial. They are then usually entitled to a " refresher " for each day of
7482-697: Is required to maintain certain standards of conduct and professional demeanour at all times. The Bar Council of India prescribes rules of conduct to be observed by the Barristers in the courts, while interacting with clients and in non-professional settings. In the Republic of Ireland , admission to the Bar by the Chief Justice of Ireland is restricted to those on whom a Barrister-at-Law degree (BL) has first been conferred. The Honorable Society of King's Inns
7656-552: Is said to have arisen as the "language of the camp", or " Zaban-i-Ordu " means " Language of High camps " or natively " Lashkari Zaban " means " Language of Army " even though term Urdu held different meanings at that time. It is recorded that Aurangzeb spoke in Hindvi, which was most likely Persianized, as there are substantial evidence that Hindvi was written in the Persian script in this period. During this time period Urdu
7830-625: Is shared, though formal Urdu makes more use of the Persian "-e-" izafat grammatical construct (as in Hammam-e-Qadimi , or Nishan-e-Haider ) than does Hindi. The following table shows the number of Urdu speakers in some countries. Barrister Ireland: Barrister-at-Law degree with pupillage A barrister is a type of lawyer in common law jurisdictions . Barristers mostly specialize in courtroom advocacy and litigation . Their tasks include arguing cases in courts and tribunals , drafting legal pleadings , researching
8004-729: Is spoken by large numbers of migrant South Asian workers in the major urban centres of the Persian Gulf countries. Urdu is also spoken by large numbers of immigrants and their children in the major urban centres of the United Kingdom , the United States, Canada, Germany, New Zealand, Norway, and Australia. Along with Arabic , Urdu is among the immigrant languages with the most speakers in Catalonia . Religious and social atmospheres in early nineteenth century India played
8178-492: Is spoken, including in Pakistan. Urdu in Pakistan has undergone changes and has incorporated and borrowed many words from regional languages, thus allowing speakers of the language in Pakistan to distinguish themselves more easily and giving the language a decidedly Pakistani flavor. Similarly, the Urdu spoken in India can also be distinguished into many dialects such as the Standard Urdu of Lucknow and Delhi , as well as
8352-400: Is still a rarity in most jurisdictions, partly because barristers with narrow specialisations, or who are only really trained for advocacy, are not prepared to provide general advice to members of the public. Historically, barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In other areas, it
8526-474: Is that attorneys cannot draw up public instruments that have the same force of law as notarial acts . Most large law firms in Quebec offer the full range of legal services of law firms in common-law provinces. Intending Quebec attorneys must earn a bachelor's degree in civil law, pass the provincial bar examination, and successfully complete a legal internship to be admitted to practice. Attorneys are regulated by
8700-467: Is the national language and lingua franca of Pakistan , where it is also an official language alongside English . In India , Urdu is an Eighth Schedule language , the status and cultural heritage of which are recognised by the Constitution of India ; and it also has an official status in several Indian states. In Nepal , Urdu is a registered regional dialect and in South Africa , it
8874-464: Is the stage final (final training), where the intending attorney spends six months in a law firm (generally in their favoured field of practice and in a firm in which they hope to be recruited afterwards). The intending attorney then needs to pass the Certificat d'Aptitude à la Profession d'Avocat (CAPA) , which is the last professional examination allowing them to join a court's bar ( barreau ). It
SECTION 50
#17327903769519048-612: Is the Bangladesh Legal Practitioners and Bar Council Order as administered and enforced by the Bangladesh Bar Council. The Bar Council is the supreme statutory body that regulates the legal professions in Bangladesh and ensures educational standards and regulatory compliance of advocates. Newly enrolled advocates are permitted to start practice in the district courts after admission. After two years of practice, advocates may apply to practice in
9222-548: Is the only educational establishment which runs vocational courses for barristers in the Republic and degrees of Barrister-at-Law can only be conferred by King's Inns. King's Inns are also the only body with the capacity to call individuals to the bar and to disbar them. Most Irish barristers choose to be governed thereafter by the Bar of Ireland , a quasi-private entity. Senior members of the profession may be selected for elevation to
9396-481: Is used in education , literature , office and court business, although in practice, English is used instead of Urdu in the higher echelons of government. Article 251(1) of the Pakistani Constitution mandates that Urdu be implemented as the sole language of government, though English continues to be the most widely used language at the higher echelons of Pakistani government. Urdu is also one of
9570-488: 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
9744-700: The Australian Capital Territory , the professions of barrister and solicitor are fused, but an independent bar nonetheless exists, regulated by the Legal Practice Board of the state or territory. In Tasmania and the Northern Territory , the profession is fused, although a very small number of practitioners operate as an independent bar. Generally, counsel dress in the traditional English manner (wig, gown, bar jacket and jabot ) before superior courts, although this
9918-530: The Bar Council of India . Under the act, the council is the supreme regulatory body for the legal profession in India, ensuring the compliance of the laws and maintenance of professional standards by the legal profession in the country. The council is authorised to pass regulations and make orders in individual cases. Each state has a bar council whose function is to enrol barristers practising predominantly within that state. Each barrister must be enrolled with
10092-575: The Bombay , Bengal , Orissa , and Hyderabad State as well. Before independence, Muslim League leader Muhammad Ali Jinnah advocated the use of Urdu, which he used as a symbol of national cohesion in Pakistan. After the Bengali language movement and the separation of former East Pakistan , Urdu was recognised as the sole national language of Pakistan in 1973, although English and regional languages were also granted official recognition. Following
10266-671: The Central Hindi Directorate was established earlier in 1960, and the promotion of Hindi is better funded and more advanced, while the status of Urdu has been undermined by the promotion of Hindi. Private Indian organisations such as the Anjuman-e-Tariqqi Urdu, Deeni Talimi Council and Urdu Mushafiz Dasta promote the use and preservation of Urdu, with the Anjuman successfully launching a campaign that reintroduced Urdu as an official language of Bihar in
10440-434: 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 the composition of Supreme Court and
10614-547: The Court of First Instance and the Court of Appeal ) and the Hong Kong Court of Final Appeal , as a general rule, only barristers and solicitor-advocates are allowed to speak on behalf of any party in open court. This means that solicitors are restricted from doing so. In these two courts, save for hearings in chambers, barristers dress in the traditional English manner, as do the judges and other lawyers. In Hong Kong,
SECTION 60
#173279037695110788-687: The Dakhni ( Deccan ) of South India. Because of Urdu's similarity to Hindi , speakers of the two languages can easily understand one another if both sides refrain from using literary vocabulary. Although Urdu is widely spoken and understood throughout all of Pakistan, only 9% of Pakistan's population spoke Urdu according to the 2023 Pakistani census . Most of the nearly three million Afghan refugees of different ethnic origins (such as Pashtun , Tajik , Uzbek , Hazarvi , and Turkmen ) who stayed in Pakistan for over twenty-five years have also become fluent in Urdu. Muhajirs since 1947 have historically formed
10962-527: The Devanagari and Latin script ( Roman Urdu ) to allow its survival, or whether this will only hasten its demise and that the language can only be preserved if expressed in the Perso-Arabic script. For Pakistan, Willoughby & Aftab (2020) argued that Urdu originally had the image of a refined elite language of the Enlightenment, progress and emancipation, which contributed to the success of
11136-610: 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
11310-509: 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
11484-527: The Ilm Pakistan movement, with a uniform curriculum in Urdish. Ahsan Iqbal , Federal Minister of Pakistan, said "Now the government is working on a new curriculum to provide a new medium to the students which will be the combination of both Urdu and English and will name it Urdish." Standard Urdu is often compared with Standard Hindi . Both Urdu and Hindi, which are considered standard registers of
11658-641: 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
11832-419: The Inn of Court to which they belong. In some countries, there is external regulation. Inns of Court, where they exist, regulate admission to the profession. Inns of Court are independent societies that are responsible for the training, admission, and discipline of barristers. Where they exist, a person may only be called to the bar by an Inn, of which they must be a member. Historically, call to and success at
12006-450: The Khariboli dialect of the Delhi region). Dakhni (also known as Dakani, Deccani, Desia, Mirgan) is spoken in Deccan region of southern India . It is distinct by its mixture of vocabulary from Marathi and Konkani , as well as some vocabulary from Arabic, Persian and Chagatai that are not found in the standard dialect of Urdu. Dakhini is widely spoken in all parts of Maharashtra , Telangana , Andhra Pradesh and Karnataka . Urdu
12180-430: 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 ,
12354-428: The Punjabi elite of Pakistan, have adopted Urdu as a mother tongue and identify with both an Urdu speaker as well as Punjabi identity. Urdu was chosen as a symbol of unity for the new state of Pakistan in 1947, because it had already served as a lingua franca among Muslims in north and northwest British India . It is written, spoken and used in all provinces/territories of Pakistan , and together with English as
12528-526: 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
12702-455: The United Kingdom this is no longer true. Solicitor-advocates and qualified chartered legal executives can generally appear on behalf of clients at trial. Increasingly, law firms are keeping even the most advanced advisory and litigation work in-house for economic and client relationship reasons. Similarly, the prohibition on barristers taking instructions directly from the public has also been widely abolished. But, in practice, direct instruction
12876-399: The de jure legal status and de facto political status of Urdu, how much Urdu is used as language of instruction and chosen by students in higher education, and how the maintenance and development of Urdu is financially and institutionally supported by governments and NGOs. In India, although Urdu is not and never was used exclusively by Muslims (and Hindi never exclusively by Hindus),
13050-426: 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
13224-572: 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
13398-465: The procureur as a separate profession was abolished and its functions merged with the legal profession in 2008. Currently, lawyers can file cases before any court, regardless of where they are registered. The only notable exception concerns civil cases brought before the Supreme Court , which have to be handled by lawyers registered at the Supreme Court, thus gaining from it the title "lawyer at
13572-425: The 14th century and during the course of the 19th and 20th in particular, French barristers competed in territorial battles over respective areas of legal practice against the conseil juridique (legal advisor, transactional solicitor) and avoué (procedural solicitor), and expanded to become the generalist legal practitioner, with the notable exception of notaires (notaries), who are ministry appointed lawyers (with
13746-599: The 18th century and two similar standard forms came into existence in Delhi and Lucknow . Since the partition of India in 1947, a third standard has arisen in the Pakistani city of Karachi . Deccani , an older form used in southern India , became a court language of the Deccan sultanates by the 16th century. Urdu has a few recognised dialects, including Dakhni , Dhakaiya , Rekhta , and Modern Vernacular Urdu (based on
13920-483: The 1950s (particularly those in East Pakistan , where Bengali was the dominant language), challenged the idea of Urdu as a national symbol and its practicality as the lingua franca . The significance of Urdu as a national symbol was downplayed by these disputes when English and Bengali were also accepted as official languages in the former East Pakistan (now Bangladesh ). Urdu is the sole national, and one of
14094-479: The 1960s, the Urdu lobby and eventually the Urdu language in Pakistan has been associated with religious Islamism and political national conservatism (and eventually the lower and lower-middle classes, alongside regional languages such as Punjabi, Sindhi, and Balochi), while English has been associated with the internationally oriented secular and progressive left (and eventually the upper and upper-middle classes). Despite governmental attempts at Urduisation of Pakistan,
14268-657: The 1970s. In the former Jammu and Kashmir state , section 145 of the Kashmir Constitution stated: "The official language of the State shall be Urdu but the English language shall unless the Legislature by law otherwise provides, continue to be used for all the official purposes of the State for which it was being used immediately before the commencement of the Constitution." Urdu became a literary language in
14442-690: The 1979 Soviet Invasion of Afghanistan and subsequent arrival of millions of Afghan refugees who have lived in Pakistan for many decades, many Afghans, including those who moved back to Afghanistan, have also become fluent in Hindi-Urdu, an occurrence aided by exposure to the Indian media, chiefly Hindi-Urdu Bollywood films and songs. There have been attempts to purge Urdu of native Prakrit and Sanskrit words, and Hindi of Persian loanwords – new vocabulary draws primarily from Persian and Arabic for Urdu and from Sanskrit for Hindi. English has exerted
14616-427: 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
14790-496: 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
14964-433: The Bar , Nigerian lawyers enter their names in the register or Roll of Legal Practitioners kept at the Supreme Court. For this reason, a Nigerian lawyer is often referred to as a Barrister and Solicitor of the Supreme Court of Nigeria, and many Nigerian lawyers term themselves Barrister-at-Law with the postnominal initials "B.L". The vast majority of Nigerian lawyers combine contentious and non-contentious work, although there
15138-469: The Bar of Ireland's Law Library. To practise under the Bar of Ireland's rules, a newly qualified barrister is apprenticed to an experienced barrister of at least seven years' experience. This apprenticeship is known as pupillage or devilling . Devilling is compulsory for those barristers who wish to be members of the Law Library and lasts for one legal year. It is common to devil for a second year in
15312-540: The Canadian legal profession, lawyers often term themselves as "litigators" (or "barristers"), or as "solicitors", depending on the nature of their law practice though some may in effect practise as both litigators and solicitors. However, "litigators" would generally perform all litigation functions traditionally performed by barristers and solicitors; in contrast, those terming themselves "solicitors" would generally limit themselves to legal work not involving practice before
15486-594: The Capital was relocated to Delhi and named Shahjahanabad and the Bazar of the town was named Urdu e Muallah. In the Akbar era the word Rekhta was used to describe Urdu for the first time. It was originally a Persian word that meant "to create a mixture". Amir Khusrau was the first person to use the same word for Poetry. Before the standardisation of Urdu into colonial administration, British officers often referred to
15660-680: 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
15834-598: 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
16008-466: 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
16182-648: The Delhi region of India the native language was Khariboli , whose earliest form is known as Old Hindi (or Hindavi). It belongs to the Western Hindi group of the Central Indo-Aryan languages. The contact of Hindu and Muslim cultures during the period of Islamic conquests in the Indian subcontinent (12th to 16th centuries) led to the development of Hindustani as a product of a composite Ganga-Jamuni tehzeeb . In cities such as Delhi,
16356-426: The English liked to use the name "Moors" for Urdu: I have a deep knowledge [ je possède à fond ] of the common tongue of India, called Moors by the English, and Ourdouzebain by the natives of the land. Several works of Sufi writers like Ashraf Jahangir Semnani used similar names for the Urdu language. Shah Abdul Qadir Raipuri was the first person who translated The Quran into Urdu. During Shahjahan's time,
16530-636: The Heathens, or from the Persians, or other Nations. In 1715, a complete literary Diwan in Rekhta was written by Nawab Sadruddin Khan . An Urdu-Persian dictionary was written by Khan-i Arzu in 1751 in the reign of Ahmad Shah Bahadur . The name Urdu was first introduced by the poet Ghulam Hamadani Mushafi around 1780. As a literary language, Urdu took shape in courtly, elite settings. While Urdu retained
16704-611: The High Court Division of the Supreme Court of Bangladesh by passing the Bar Council Examination. Only advocates who are barristers in the United Kingdom may use the title of barrister. In Canada (except Quebec ), the professions of barrister and solicitor are fused, and many lawyers refer to themselves with both names, even if they do not practise in both areas. In colloquial parlance within
16878-405: The Indian government do not actively support the preservation of Urdu in professional and official spaces. Because the Pakistani government proclaimed Urdu the national language at Partition, the Indian state and some religious nationalists began in part to regard Urdu as a 'foreign' language, to be viewed with suspicion. Urdu advocates in India disagree whether it should be allowed to write Urdu in
17052-506: The Inner Bar, when they may describe themselves as Senior Counsel ("SC"). All barristers who have not been called to the Inner Bar are known as Junior Counsel (and are identified by the postnominal initials "BL"), regardless of age or experience. Admission to the Inner Bar is made by declaration before the Supreme Court , patents of precedence having been granted by the Government . Irish barristers are sole practitioners and may not form chambers or partnerships if they wish to remain members of
17226-481: 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
17400-547: The Northern Territory, Queensland, Victoria and South Australia). Such barristers carry the title "SC" or "KC" after their name. The appointments are made after a process of consultation with members of the profession and the judiciary. Senior Counsel appear in particularly complex or difficult cases. They make up about 14 per cent of the bar in New South Wales. In Bangladesh, the law relating to barristers
17574-497: The Quebec Law Society ( Barreau du Québec ). In France, avocats , or attorneys, were, until the 20th century, the equivalent of barristers. The profession included several grades ranked by seniority: avocat-stagiaire (trainee, who was already qualified but needed to complete two years (or more, depending on the period) of training alongside seasoned lawyers), avocat , and avocat honoraire (emeritus barrister). Since
17748-463: 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
17922-491: 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
18096-449: 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
18270-648: 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 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
18444-557: The Supreme Court". In New Zealand, the professions are not formally fused but practitioners are enrolled in the High Court as "Barristers and Solicitors". They may choose, however, to practice as barristers sole. About 15% practice solely as barristers, mainly in the larger cities and usually in "chambers" (following the British terminology). They receive "instructions" from other practitioners, at least nominally. They usually conduct
18618-419: 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
18792-445: The absorption of vocabulary from various regional Pakistani languages, while some Urdu vocabularies has also been assimilated by Pakistan's regional languages. Some who are from a non-Urdu background now can read and write only Urdu. With such a large number of people(s) speaking Urdu, the language has acquired a peculiar Pakistani flavor further distinguishing it from the Urdu spoken by native speakers, resulting in more diversity within
18966-559: 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
19140-407: The ancient language Old Hindi began to acquire many Persian loanwords and continued to be called "Hindi" and later, also "Hindustani". An early literary tradition of Hindavi was founded by Amir Khusrau in the late 13th century. After the conquest of the Deccan , and a subsequent immigration of noble Muslim families into the south, a form of the language flourished in medieval India as
19314-479: The applicant must be a holder of a law degree from a recognised institution in India (or from one of the four recognised universities in the United Kingdom). Second, they must pass the enrolment qualifications of the bar council of the state they seek to be enrolled in. Through regulation, the Bar Council of India also ensures the standard of education required for practising in India is met with. A barrister
19488-411: The bar, to a large degree, depended upon social connections made early in life. A bar collectively describes all members of the profession of barrister within a given jurisdiction. While as a minimum the bar is an association embracing all its members, it is usually the case, either de facto or de jure , that the bar is invested with regulatory powers over the manner in which barristers practice. In
19662-425: 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
19836-450: The common law tradition, the respective roles of a lawyer, as legal adviser and advocate, were formally split into two separate, regulated sub-professions. Historically, the distinction was absolute, but in the modern age, some countries that had a split legal profession now have a fused profession . In practice, the distinction in split jurisdictions may be minor, or marked. In some jurisdictions, such as Australia, Scotland and Ireland, there
20010-422: 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
20184-495: 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 the Supreme Court made when
20358-454: The court at which they were registered. Cases falling under the jurisdiction of another court had to be filed by a procureur registered at that court, in practice often another lawyer exercising both functions. Questions were raised on the necessity of the separation, given the fact that its main purpose – the preservation of the quality of the legal profession and observance of local court rules and customs – had become obsolete. For that reason,
20532-599: The court language of various Indo-Islamic empires . Religious, social, and political factors arose during the European colonial period that advocated a distinction between Urdu and Hindi, leading to the Hindi–Urdu controversy . According to 2022 estimates by Ethnologue and The World Factbook , produced by the Central Intelligence Agency (CIA), Urdu is the 10th-most widely spoken language in
20706-482: The courts (not even in a preparatory manner as performed by solicitors in England), though some might practise before chambers judges. As is the practice in many other Commonwealth jurisdictions such as Australia, Canadian litigators are gowned, but without a wig, when appearing before courts of superior jurisdiction. All law graduates from Canadian law schools, and certified internationally qualified lawyers, can apply to
20880-415: The early 21st century an increasing percentage of Indian Muslims began switching to Hindi due to socio-economic factors, such as Urdu being abandoned as the language of instruction in much of India, and having limited employment opportunities compared to Hindi, English and regional languages. The number of Urdu speakers in India fell 1.5% between 2001 and 2011 (then 5.08 million Urdu speakers), especially in
21054-414: The exalted camp . Earlier it was known as Hindvi, Hindi and Hindustani . Urdu, like Hindi , is a form of Hindustani language . Some linguists have suggested that the earliest forms of Urdu evolved from the medieval (6th to 13th century) Apabhraṃśa register of the preceding Shauraseni language , a Middle Indo-Aryan language that is also the ancestor of other modern Indo-Aryan languages. In
21228-461: 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
21402-532: 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 the case hearings after President Yahya Khan declared martial law and suspended
21576-421: 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
21750-529: The grammar and core Indo-Aryan vocabulary of the local Indian dialect Khariboli, it adopted the Nastaleeq writing system – which was developed as a style of Persian calligraphy. Throughout the history of the language, Urdu has been referred to by several other names: Hindi, Hindavi, Rekhta, Urdu-e-Muallah, Dakhini , Moors and Dehlavi . In 1773, the Swiss French soldier Antoine Polier notes that
21924-480: The independence movement. But after the 1947 Partition , when it was chosen as the national language of Pakistan to unite all inhabitants with one linguistic identity, it faced serious competition primarily from Bengali (spoken by 56% of the total population, mostly in East Pakistan until that attained independence in 1971 as Bangladesh ), and after 1971 from English. Both pro-independence elites that formed
22098-880: The issue. In most countries, barristers operate as sole practitioners and are prohibited from forming partnerships or from working as a barrister as part of a corporation. In 2009, the Clemens Report recommended the abolition of this restriction in England and Wales. However, barristers normally band together into barristers' chambers to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated. In some jurisdictions, barristers may be employed by firms and companies as in-house legal advisers . In court, barristers may be visibly distinguished from solicitors, chartered legal executives, and other legal practitioners by their apparel. For example, in criminal courts in Ireland, England, and Wales,
22272-423: 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,
22446-540: 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
22620-733: 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 the high courts in all over
22794-554: The language as " Moors " or "Moorish jargon". John Gilchrist was the first in British India to begin a systematic study on Urdu and began to use the term "Hindustani" what the majority of Europeans called "Moors", authoring the book The Strangers's East Indian Guide to the Hindoostanee or Grand Popular Language of India (improperly Called Moors) . Urdu was then promoted in colonial India by British policies to counter
22968-458: The language in the Perso-Arabic script in courts and government offices, though Hindus continued to employ the Devanagari script in certain literary and religious contexts. Through the late 19th century, people did not view Urdu and Hindi as being two distinct languages, though in urban areas, the standardised Hindustani language was increasingly being referred to as Urdu and written in the Perso-Arabic script. Urdu and English replaced Persian as
23142-575: The language of Bollywood films tend to contain a large number of Persian and Arabic words and thus considered to be "Urdu" in a sense, especially in songs. India has more than 3,000 Urdu publications, including 405 daily Urdu newspapers. Newspapers such as Neshat News Urdu , Sahara Urdu , Daily Salar , Hindustan Express , Daily Pasban , Siasat Daily , The Munsif Daily and Inqilab are published and distributed in Bangalore, Malegaon, Mysore, Hyderabad, and Mumbai . Outside South Asia, it
23316-883: The language. In India, Urdu is spoken in places where there are large Muslim minorities or cities that were bases for Muslim empires in the past. These include parts of Uttar Pradesh , Madhya Pradesh , Bihar , Telangana , Andhra Pradesh , Maharashtra ( Marathwada and Konkanis), Karnataka and cities such as Hyderabad , Lucknow , Delhi , Malerkotla , Bareilly , Meerut , Saharanpur , Muzaffarnagar , Roorkee , Deoband , Moradabad , Azamgarh , Bijnor , Najibabad , Rampur , Aligarh , Allahabad , Gorakhpur , Agra , Firozabad , Kanpur , Badaun , Bhopal , Hyderabad , Aurangabad , Bangalore , Kolkata , Mysore , Patna , Darbhanga , Gaya , Madhubani , Samastipur , Siwan , Saharsa , Supaul , Muzaffarpur , Nalanda , Munger , Bhagalpur , Araria , Gulbarga , Parbhani , Nanded , Malegaon , Bidar , Ajmer , and Ahmedabad . In
23490-524: The law and giving legal opinions. Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of South Africa , Scandinavia , Pakistan , India , Bangladesh , and the British Crown dependencies of Jersey , Guernsey and the Isle of Man ,
23664-704: The leadership of the Muslim League in Pakistan and the Hindu-dominated Congress Party in India had been educated in English during the British colonial period, and continued to operate in English and send their children to English-medium schools as they continued dominate both countries' post-Partition politics. Although the Anglicized elite in Pakistan has made attempts at Urduisation of education with varying degrees of success, no successful attempts were ever made to Urduise politics,
23838-572: The legal adviser, who is also primarily responsible for the barrister's fees. In England and Wales, solicitors and chartered legal executives can support barristers when in court, such as managing through the managing of large volumes of documents in the case or negotiating a settlement outside the courtroom. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will often have more limited access, or will need to acquire additional qualifications to have such access. As in common law countries in which there
24012-466: The legal system, the army, or the economy, all of which remained solidly Anglophone. Even the regime of general Zia-ul-Haq (1977–1988), who came from a middle-class Punjabi family and initially fervently supported a rapid and complete Urduisation of Pakistani society (earning him the honorary title of the 'Patron of Urdu' in 1981), failed to make significant achievements, and by 1987 had abandoned most of his efforts in favour of pro-English policies. Since
24186-404: The main languages of instruction, although the people from differing provinces may have different native languages. Urdu is taught as a compulsory subject up to higher secondary school in both English and Urdu medium school systems, which has produced millions of second-language Urdu speakers among people whose native language is one of the other languages of Pakistan – which in turn has led to
24360-457: The majority population in the city of Karachi , however. Many newspapers are published in Urdu in Pakistan, including the Daily Jang , Nawa-i-Waqt , and Millat . No region in Pakistan uses Urdu as its mother tongue, though it is spoken as the first language of Muslim migrants (known as Muhajirs ) in Pakistan who left India after independence in 1947. Other communities, most notably
24534-403: The most Urdu-speaking states of Uttar Pradesh (c. 8% to 5%) and Bihar (c. 11.5% to 8.5%), even though the number of Muslims in these two states grew in the same period. Although Urdu is still very prominent in early 21st-century Indian pop culture, ranging from Bollywood to social media, knowledge of the Urdu script and the publication of books in Urdu have steadily declined, while policies of
24708-564: The most alive language and moving ahead with times" in India. This phenomenon pertains to the decrease in relative and absolute numbers of native Urdu speakers as opposed to speakers of other languages; declining (advanced) knowledge of Urdu's Perso-Arabic script, Urdu vocabulary and grammar; the role of translation and transliteration of literature from and into Urdu; the shifting cultural image of Urdu and socio-economic status associated with Urdu speakers (which negatively impacts especially their employment opportunities in both countries),
24882-505: 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
25056-461: The official languages in northern parts of India in 1837. In colonial Indian Islamic schools, Muslims were taught Persian and Arabic as the languages of Indo-Islamic civilisation ; the British, in order to promote literacy among Indian Muslims and attract them to attend government schools, started to teach Urdu written in the Perso-Arabic script in these governmental educational institutions and after this time, Urdu began to be seen by Indian Muslims as
25230-475: The officially recognised languages in India and also has the status of "additional official language" in the Indian states of Andhra Pradesh , Uttar Pradesh , Bihar , Jharkhand , West Bengal , Telangana and the national capital territory Delhi . Also as one of the five official languages of Jammu and Kashmir . India established the governmental Bureau for the Promotion of Urdu in 1969, although
25404-438: The ongoing Hindi–Urdu controversy and modern cultural association of each language with the two religions has led to fewer Hindus using Urdu. In the 20th century, Indian Muslims gradually began to collectively embrace Urdu (for example, 'post-independence Muslim politics of Bihar saw a mobilisation around the Urdu language as tool of empowerment for minorities especially coming from weaker socio-economic backgrounds' ), but in
25578-400: 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
25752-578: The people living in remote areas in the country, while keeping the civil registry of the people. There are five registry of the supreme court: Islamabad, Karachi, Lahore, Peshawar, and Quetta. Urdu language Urdu ( / ˈ ʊər d uː / ; اُردُو , pronounced [ʊɾduː] , ALA-LC : Urdū ) is a Persianised register of the Hindustani language , an Indo-Aryan language spoken chiefly in South Asia . It
25926-403: 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
26100-454: The position and prestige of English only grew stronger in the meantime. There are over 100 million native speakers of Urdu in India and Pakistan together: there were 50.8 million Urdu speakers in India (4.34% of the total population) as per the 2011 census; and approximately 16 million in Pakistan in 2006. There are several hundred thousand in the United Kingdom, Saudi Arabia, United States, and Bangladesh . However, Hindustani, of which Urdu
26274-484: The previous emphasis on Persian. In colonial India, "ordinary Muslims and Hindus alike spoke the same language in the United Provinces in the nineteenth century, namely Hindustani, whether called by that name or whether called Hindi, Urdu, or one of the regional dialects such as Braj or Awadhi ." Elites from Muslim communities, as well as a minority of Hindu elites, such as Munshis of Hindu origin, wrote
26448-457: The proceedings in their entirety. Any lawyer may apply to become a King's Counsel (KC) to recognize the long-standing contribution to the legal profession but this status is only conferred on those practicing as solicitors in exceptional circumstances. This step referred to as "being called to the inner bar" or "taking silk", is considered highly prestigious and has been a step in the career of many New Zealand judges. Unlike other jurisdictions,
26622-461: 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
26796-426: 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 the ad hoc appointment that are from
26970-485: The rank of King's Counsel was granted prior to the handover of Hong Kong from the United Kingdom to China in 1997. After the handover, the rank has been replaced by Senior Counsel post-nominal letters : SC. Senior Counsel may still, however, style themselves as silks, like their British counterparts. In India , the law relating to barristers is the Advocates Act, 1961, which is administered and enforced by
27144-459: The relevant provincial law society for admission. A year of articling as a student supervised by a qualified lawyer and the passing of provincial bar exams are also required for an individual to be called to bar as a barrister and solicitor. The situation is somewhat different in Quebec as a result of its civil law tradition. The profession of solicitor, or avoué , never took hold in colonial Quebec, so attorneys ( avocats ) have traditionally been
27318-485: 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
27492-646: The same language, Hindustani (or Hindi-Urdu), share a core vocabulary and grammar . Apart from religious associations, the differences are largely restricted to the standard forms : Standard Urdu is conventionally written in the Nastaliq style of the Persian alphabet and relies heavily on Persian and Arabic as a source for technical and literary vocabulary, whereas Standard Hindi is conventionally written in Devanāgarī and draws on Sanskrit . However, both share
27666-549: 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
27840-583: The style of Urdu spoken on a day-to-day basis in Pakistan is akin to neutral Hindustani that serves as the lingua franca of the northern Indian subcontinent. Since at least 1977, some commentators such as journalist Khushwant Singh have characterised Urdu as a "dying language", though others, such as Indian poet and writer Gulzar (who is popular in both countries and both language communities, but writes only in Urdu (script) and has difficulties reading Devanagari, so he lets others 'transcribe' his work) have disagreed with this assessment and state that Urdu "is
28014-407: 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
28188-483: The supreme courts, in civil, criminal or administrative matters. In Germany, no distinction between barristers and solicitors is made. Lawyers may plead at all courts except the civil branch of the Federal Court of Justice ( Bundesgerichtshof ), to which fewer than fifty lawyers are admitted. Those lawyers, who deal almost exclusively with litigation, may not plead at other courts and are usually instructed by
28362-470: The term "junior barrister" is popularly used to refer to a lawyer who holds a practicing certificate as a barrister, but is employed by another, more senior barrister. Generally, junior barristers are within their first five years of practice and are not yet qualified to practice as barristers sole. Barristers sole (i.e. barristers who are not employed by another barrister) who are not King's Counsel are never referred to as junior barristers. In Nigeria , there
28536-484: 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
28710-437: The trial after the first, but if a case is settled before trial, the barrister is not needed and the brief fee would be wasted. Some solicitors avoid this by delaying delivery of the brief until it is certain the case will go to trial. Some benefits of maintaining the split include: Some disadvantages of the split include: Barristers are regulated by the Bar for the jurisdiction where they practice, and in some countries, by
28884-618: The two languages' mutual intelligibility effectively decreases as the factor of formality increases. Urdu originated in the area of the Ganges-Yamuna Doab , though significant development occurred in the Deccan Plateau . In 1837, Urdu became an official language of the British East India Company , replacing Persian across northern India during Company rule ; Persian had until this point served as
29058-425: The two official languages of Pakistan (along with English). It is spoken and understood throughout the country, whereas the state-by-state languages (languages spoken throughout various regions) are the provincial languages , although only 7.57% of Pakistanis speak Urdu as their first language. Its official status has meant that Urdu is understood and spoken widely throughout Pakistan as a second or third language. It
29232-465: The verdicts rendered on 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
29406-503: 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
29580-495: The word barrister is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of another lawyer, who perform tasks such as corresponding with parties and the court, and drafting court documents. In England and Wales, barristers may seek authorization from the Bar Standards Board to conduct litigation, allowing
29754-455: The world , with 230 million total speakers, including those who speak it as a second language . The name Urdu was first used by the poet Ghulam Hamadani Mushafi around 1780 for Hindustani language even though he himself also used Hindavi term in his poetry to define the language. Ordu means army in the Turkic languages . In late 18th century, it was known as Zaban-e-Urdu-e-Mualla زبانِ اُرْدُوئے مُعَلّٰی means language of
29928-438: 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 was a split decision between the moderate justices, including Chief Justice Rahman, and conservative leaning justices of
30102-611: Was intentioned as means of unification for Muslims in Northern India and later Pakistan, it adopted a modified Perso-Arabic script. Urdu continued its role in developing a Pakistani identity as the Islamic Republic of Pakistan was established with the intent to construct a homeland for the Muslims of Colonial India. Several languages and dialects spoken throughout the regions of Pakistan produced an imminent need for
30276-555: Was referred to as "Moors", which simply meant Muslim, by European writers. John Ovington wrote in 1689: The language of the Moors is different from that of the ancient original inhabitants of India but is obliged to these Gentiles for its characters. For though the Moors dialect is peculiar to themselves, yet it is destitute of Letters to express it; and therefore, in all their Writings in their Mother Tongue, they borrow their letters from
#950049