Mian Zafar Iqbal Kalanauri
Advocate Supreme Court Pakistan, Arbitrator Fellow CIArb, Barrister, Mediator CEDAR, IMI, CMC, U.S.A., Master Trainer Mediation CEDAR, Legal Educator Reformist of Judicial System and Legal Education, White Collar Crime Investigator
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Introduction
At the time of Pakistan’s independence, the Government of India Act, 1935 was retained as the provisional constitution. Consequently, the legal and judicial framework of the British era continued, with necessary adaptations and modifications to meet the needs of the newly established Republic. This continuity ensured that there was neither a legal vacuum nor a disruption in the functioning of the judicial system that had existed in the subcontinent under British rule.
The judicial structure remained largely unchanged: the Lahore High Court, the Sindh Chief Court, and the Courts of Judicial Commissioner in NWFP and Baluchistan continued their operations. Additionally, a High Court was established at Dacca through the High Court (Bengal) Order, 1947, and the Federal Court of Pakistan was created under the Federal Court of Pakistan Order, 1948. The powers, authority, and jurisdiction of the Federal Court and the High Courts, as outlined in the Government of India Act, 1935, remained intact.
In 1954, the Act was amended to empower High Courts to issue prerogative writs (Section 223-A). The subsequent constitutions of 1956, 1962, and 1973 did not significantly alter the judicial structure or the jurisdiction of the superior courts. Notable changes included the renaming of the Federal Court as the Supreme Court in the 1956 Constitution and the elevation of the Chief Court of NWFP and the Judicial Commissioner Court of Baluchistan to full-fledged High Courts under the 1973 Constitution.
In 1980, the Federal Shariat Court was established under Article 203-C with jurisdiction to examine, either suo moto or on the petition of a citizen or the federal/provincial government, whether any provision of law is repugnant to the injunctions of Islam (Article 203-D).
Later, in accordance with Article 175 of the Constitution—amended by the Eighteenth Amendment Act, 2010—the Islamabad High Court was established for the Islamabad Capital Territory and commenced functioning on 13 December 2010.
Superior Judiciary
The Constitution of Pakistan comprehensively addresses the structure, composition, jurisdiction, powers, and functions of the superior judiciary. It enshrines the principles of the “separation of the judiciary from the executive” and the “independence of the judiciary” (Preamble and Article 2A). The superior courts are entrusted with the duty to “preserve, protect, and defend” the Constitution (Articles 178 & 194 read with the Third Schedule).
The Constitution specifies the qualifications for judges, the process of their appointment (Articles 177 & 193), their service conditions, salaries, and pensions (Article 205 read with the Fifth Schedule). Judges’ remuneration and the administrative expenses of the Supreme Court and High Courts are charged to the Federal or Provincial Consolidated Fund (Articles 81 & 121), meaning these allocations can be discussed but not voted upon in the legislature.
It also lays down the grounds, forum, and procedure for removing superior court judges (Article 209). The Supreme Judicial Council, comprising senior judges from the Supreme Court and High Courts, may, on its own or upon a reference from the President, recommend a judge’s removal on grounds of misconduct or physical/mental incapacity. These provisions safeguard the independence, impartiality, and integrity of the superior judiciary.
The Supreme Court and High Courts were granted significant financial autonomy following the landmark decision in Government of Sind v Sharaf Faridi (PLD 1994 SC 105). The Court ruled that judicial independence requires freedom from executive financial control, empowering the Chief Justices to re-appropriate budgeted funds without Finance Ministry approval. This includes reallocating funds across budget heads and creating, abolishing, upgrading, or downgrading posts (PLD 1994 SC 105 at 115).
This ruling arose during the interpretation of Article 175(3) of the Constitution, which mandated that “the judiciary shall be progressively separated from the executive within 14 years.” The Court directed that judicial and executive magistracies be separated, placing judicial magistrates under High Court administrative control. Initially fixed for 23 March 1994, the deadline was later extended to 23 March 1996 in a review order dated 24 January 1996, with the warning that no further extensions would be granted.
Subsequently, legislative amendments placed judicial magistrates under High Court supervision. Later, in Al-Jehad Trust v Federation (PLD 1996 SC 324) and Asad Ali v Federation (PLD 1998 SC 33), the Supreme Court further clarified the constitutional provisions on the qualifications and appointment procedures for Supreme Court and
High Court judges, as well as the appointment of their Chief Justices.
(1) Supreme Court of Pakistan
The Supreme Court is the apex judicial body in Pakistan, vested with original, appellate, and advisory jurisdiction under Articles 184, 185, and 186 of the Constitution. It is the court of final appeal and the ultimate interpreter of law and the Constitution. Its decisions are binding on all other courts (Article 189).
Composition and Appointment
Under Article 176, the Court comprises a Chief Justice of Pakistan and other judges appointed by the President. As of 2025, the sanctioned strength is 25 judges, and the Court is functioning at full capacity, supplemented by two ad hoc judges appointed for one year.
Eligibility for appointment as a judge of the Supreme Court (Article 177) requires either:
At least five years’ service as a High Court judge, or
Fifteen years’ standing as an advocate of a High Court.
Historically, the Chief Justice recommended names to the President, whose role was largely formal unless valid reasons for disagreement were recorded. The most senior judge traditionally became Chief Justice, except where compelling reasons dictated otherwise.
The Eighteenth Constitutional Amendment (2010) introduced a new appointment process via Article 175A, creating the Judicial Commission of Pakistan. The Commission, chaired by the Chief Justice of Pakistan, includes senior judges, a retired Chief Justice or judge, the Federal Law Minister, the Attorney General, and a representative of the Pakistan Bar Council. It recommends appointments to the Parliamentary Committee, which has equal representation from the government and opposition in both houses. The Committee confirms or rejects nominees within fourteen days, with procedural safeguards to ensure transparency.
Jurisdiction
The Court’s jurisdiction is extensive:
Original jurisdiction in intergovernmental disputes (Article 184(1)) and in cases involving the enforcement of fundamental rights of public importance (Article 184(3), concurrent with High Courts).
Appellate jurisdiction in civil and criminal cases from High Courts (Article 185), the Federal Shariat Court, Service Tribunals, and certain special courts.
Advisory jurisdiction to opine on legal questions referred by the President (Article 186).
Administration and Rules
The Supreme Court appoints and regulates its own staff under Article 208, following the Supreme Court (Appointment of Officers and Servants and Terms of Service) Rules, 1982. These rules govern recruitment, promotions, and disciplinary matters. The Court also frames its own procedural rules under Article 191, with the Supreme Court Rules, 1980 setting detailed processes for petitions and appeals.
Workload and Challenges
Unlike apex courts in jurisdictions such as the United States or the United Kingdom, which hear comparatively few cases, the Supreme Court of Pakistan’s docket is exceptionally heavy. Its broad jurisdiction results in a large volume of civil and criminal appeals, fundamental rights petitions, and matters from specialised forums—often stretching the Court’s capacity.
(2) High Courts
Each province in Pakistan has its own High Court, comprising a Chief Justice and other puisne judges. As of the latest sanctioned strengths:
Lahore High Court (Punjab) – 50 judges
Sindh High Court – 28 judges
Peshawar High Court (Khyber Pakhtunkhwa) – 16 judges
Balochistan High Court – 9 judges
Under Article 193 of the Constitution, the Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of Pakistan, while other judges are appointed in consultation with the Chief Justice of Pakistan, the Governor of the relevant province, and the Chief Justice of that High Court.
Qualifications for Appointment
A person is eligible to be appointed as a judge of a High Court if they have:
At least 10 years’ experience as an advocate of a High Court, or
10 years’ service as a civil servant, including 3 years as a District Judge, or
10 years’ experience in a judicial office (Article 193).
Previously, the Chief Justice of the concerned High Court would prepare a list of candidates and forward it to the President via the Governor and the Chief Justice of Pakistan. The President’s choice was bound by these recommendations except for valid, recorded reasons. However, the Eighteenth Constitutional Amendment introduced Article 175A, replacing this process with the Judicial Commission of Pakistan and Parliamentary Committee mechanism.
Traditionally, the most senior judge in a High Court had a legitimate expectation to be appointed Chief Justice, unless valid reasons to the contrary were recorded by the President.
Jurisdiction and Administration
High Courts exercise:
Original jurisdiction in enforcing fundamental rights.
Appellate jurisdiction over decisions of subordinate courts in both civil and criminal matters.
Supervisory authority over all subordinate courts (Article 203).
They appoint their own staff under Article 208 and frame procedural rules for themselves and subordinate courts (Article 202).
Controversial Transfer Provisions
Article 200 of the Constitution originally required a judge’s consent and mandatory consultation before transfer from one High Court to another. However, subsequent amendments diluted this safeguard:
The Fifth Amendment (1976) empowered the President to order such a transfer for up to one year.
President’s Order No. 14 of 1985 extended this to two years.
Article 203-C(4), added in 1980, allowed transfer to the Federal Shariat Court for up to two years, with refusal resulting in deemed retirement (Article 203-C(5)).
These provisions have faced consistent criticism for being susceptible to misuse, often employed to pressure or penalise judges. The Supreme Court in Al-Jehad Trust v Federation (PLD 1996 SC 324) ruled that:
No judge may be transferred to the Federal Shariat Court.
Transfer to another High Court is permissible only in public interest.
(3) Federal Shariat Court
The Federal Shariat Court comprises eight Muslim judges, including the Chief Justice. These judges are appointed by the President from among:
Serving or retired judges of the Supreme Court or a High Court, or
Persons qualified to be appointed as a High Court judge.
Out of the eight judges, three must be Ulema well-versed in Islamic law. Judges serve a three-year term, which the President may extend (Article 203-C).
Jurisdiction and Powers
The Court may, on its own motion (suo moto) or upon a petition filed by a citizen or the federal/provincial government, examine and determine whether any provision of law is repugnant to the injunctions of Islam (Article 203-D).
Appeals against its decisions lie to the Shariat Appellate Bench of the Supreme Court, which comprises three Muslim judges of the Supreme Court and up to two Ulema, all appointed by the President (Article 203-F).
If the Federal Shariat Court declares a provision of law repugnant to Islam, the government is obligated to take necessary steps to amend it to bring it into conformity with Islamic injunctions. The Court also exercises appellate and revisional jurisdiction in Hudood cases decided by criminal courts (Article 203-D). Its decisions are binding on the High Courts and subordinate judiciary (Article 203-G).
The Court appoints its own staff (Article 208) and frames its own procedural rules (Article 203-J).
Criticism and Controversies
Since its establishment in 1980—through the Constitution (Amendment) Order 1980, later protected under the controversial Eighth Amendment—the Court has faced persistent criticism. Critics question its necessity, arguing that it duplicates the functions of the existing superior courts. Concerns have been raised over:
The appointment process and perceived lack of tenure security.
The Court’s susceptibility to executive influence.
Its alleged use as a posting ground for judges in disfavour.
While some of its rulings—particularly those grounded in the Islamic principles of equity, justice, and fair play—have been praised for expanding individual rights, others, such as upholding the Hudood Ordinances and the punishment of Rajam (stoning to death), have been widely condemned.
The Protection of Women (Criminal Laws Amendment) Act, 2006 significantly reduced the Court’s jurisdiction. Appeals and revisions in certain offences removed from the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, now lie with the High Courts rather than the Federal Shariat Court.
Overall, the Court’s role, independence, and relevance remain matters of ongoing debate, suggesting a need for comprehensive review of its utility and constitutional mandate.
(4) Subordinate Judiciary
The subordinate judiciary in Pakistan is broadly divided into two main categories:
Civil Courts, established under the West Pakistan Civil Courts Ordinance, 1962.
Criminal Courts, constituted under the Code of Criminal Procedure, 1898.
In addition, various other courts and tribunals of both civil and criminal jurisdiction are created under special laws. Their jurisdiction, powers, and functions are determined by the statutes establishing them. The decisions of these special courts are subject to revision or appeal before the High Courts and/or the Supreme Court.
(i) Civil & Criminal Courts
Civil courts are structured as:
District Judge
Additional District Judge
Civil Judge Class I, II & III
Criminal courts are structured as:
Sessions Judge
Additional Sessions Judge
Judicial Magistrate Class I, II & III
Judges for both civil and criminal courts are appointed by the provincial governments, with their terms and conditions governed by provincial civil service laws and rules. However, administrative control over these courts lies with the relevant High Court.
The pecuniary and territorial jurisdiction of these courts is fixed by law. Appeals from civil courts lie to the District Judge, and to the High Court if the suit’s value exceeds a specified threshold. Appeals from criminal courts depend on the severity of the sentence, with higher penalties going to the High Court.
(ii) Revenue Courts
Operating under the West Pakistan Land Revenue Act, 1967, these courts include:
Board of Revenue
Commissioner
Collector
Assistant Collector First Grade
Assistant Collector Second Grade
These officers are appointed and controlled administratively by the provincial government, and their powers are prescribed by law.
(iii) Special Courts
The Constitution empowers the federal legislature to establish administrative courts and tribunals for federal matters (Item 14, Part I, Fourth Schedule). Numerous special courts operate under federal administrative control, most under the Ministry of Law & Justice, though some fall under other ministries. Examples include:
Special Banking Courts
Special Courts for Customs, Taxation & Anti-Corruption
Income Tax (Appellate) Tribunals
Insurance Appellate Tribunals
Judicial officers for these courts are typically appointed on deputation from the provincial judicial cadre.
(iv) Service Tribunals
Under Article 212 of the Constitution, the government may establish service tribunals to adjudicate disputes relating to the terms and conditions of civil servants. Both federal and provincial service tribunals are in operation. Members are appointed by the respective governments, and appeals from their decisions lie to the Supreme Court of Pakistan.
Procedure
The Code of Civil Procedure, 1908 (CPC) governs proceedings in civil cases. It is divided into two parts:
Sections – containing the fundamental principles, which can only be amended by the legislature.
Schedules – containing detailed procedural rules, which can be amended by the High Court.
The CPC serves as a consolidating statute, outlining procedures for:
Instituting suits (who may file, where, and how)
Pleadings (plaint, written statement, format, and particulars)
Conduct of proceedings
Judgment writing
Execution of decrees
The Code has been periodically amended to reflect societal and legal developments.
Similarly, the Code of Criminal Procedure, 1898 (CrPC) and other special statutes govern criminal procedure. The Qanun-e-Shahadat Order, 1984 prescribes the rules on witness competency, examination, admissibility, and presentation of evidence. These procedures apply to judicial proceedings and investigations in both civil and criminal matters.
Organisation of the Subordinate Judiciary
Subordinate courts are established and their jurisdiction defined by law (Article 175 of the Constitution). They are supervised and controlled by their respective High Courts (Article 203). The administration of justice is a provincial subject, meaning:
Subordinate courts are organised under provincial laws and rules.
Terms and conditions of judicial officers are regulated under provincial civil service acts and rules.
Recruitment & Appointment
Historically, judicial appointments were made by provincial governments. Following the separation of the judiciary from the executive, this authority shifted to the High Courts.
Initial recruitment as Civil Judge-cum-Judicial Magistrate:
Khyber Pakhtunkhwa & Balochistan – Through Provincial Public Service Commission (written exam + viva voce).
Punjab & Sindh – Conducted directly by the High Court (written exam + viva voce), with recommendations sent to the provincial government.
Promotions:
Decided by a committee of High Court judges.
Additional District & Sessions Judges – Appointed through a quota for service personnel and induction from the Bar.
District & Sessions Judges – Promoted from serving judicial officers based on seniority-cum-fitness.
Training
Newly appointed civil judges undergo:
Attachment to the Court of a Senior Civil Judge or District & Sessions Judge for practical exposure.
Specialised training at the Federal Judicial Academy and respective provincial judicial academies, covering substantive laws, court management, case processing, and judicial procedure.
Supervision & Control
High Courts exercise both administrative and judicial control:
Administrative – Disciplinary proceedings may be initiated against judicial officers; inspections are carried out by the Chief Justice or delegated judges, often through the Member Inspection Team (MIT).
Judicial – Through revisions and appeals from subordinate court decisions.
Disciplinary Proceedings
Currently governed by provincial Government Servants (Efficiency and Discipline) Rules, originally designed for executive officers. These rules contain gaps when applied to judicial officers, particularly regarding:
Expected conduct inside and outside the courtroom.
This gap highlights the need for a dedicated code of conduct for judicial officers to maintain decorum, propriety, and public trust in the justice system.
Grievance Redress
Judicial officers can appeal service-related grievances to Provincial Judicial Service Tribunals, staffed by judges from the relevant High Court.
In Balochistan, 5 District & Sessions Judges, 4 Additional District & Sessions Judges, 7 Senior/Civil Judges and 5 Judicial Magistrates are working on ex cadre posts.
In NWFP, 31 District & Sessions Judges, 19 Additional District & Sessions Judges and 17 Senior/Civil Judges and Judicial Magistrates are working on ex cadre posts.
Pakistan Court System Hierarchy
Note:
In Punjab, 55 District & Sessions Judges, 34 Additional District & Sessions Judges and 23 Senior/Civil Judges and Judicial Magistrates are working on ex cadre posts.
In Sindh, 42 District & Sessions Judges, 9 Additional District & Sessions Judges and 8 Senior/Civil Judges and 11 Judicial Magistrates are working on ex cadre posts.
In Balochistan, 5 District & Sessions Judges, 4 Additional District & Sessions Judges, 7 Senior/Civil Judges and 5 Judicial Magistrates are working on ex cadre posts.
In NWFP, 31 District & Sessions Judges, 19 Additional District & Sessions Judges and 17 Senior/Civil Judges and Judicial Magistrates are working on ex cadre posts.
COURT JURISDICTION
Supreme Court
184(1) Original jurisdiction in inter-governmental disputes, issues declaratory judgments;
184 (3) Enforcement of Fundamental Rights involving an issue of public importance;
Art 185(2) Appeal from judgment/order of High Court in criminal cases, tried in original and/or appellate capacity and having imposed death penalty or life imprisonment;
Art 185(2) Appeal in civil cases when the value of claim exceeds fifty thousand rupees;
Art 185(2) Appeal when High Court certifies that the case involves interpretation of the Constitution;
Art 185(3) Appeal (subject to grant of leave) from High Court judgment/order;
Art 186 Advisory jurisdiction on any question of law involving public importance referred by the President;
Art 187 To issue directions/orders for doing complete justice in a pending case/matter;
Art 188 To review any of its own judgment/order;
Art 204 To punish for its contempt;
Art 212 Appeal from Administrative courts/tribunals; and
Art 203F Its Shariat Appellate Bench hears appeals from judgments/orders of Federal Shariat Court.
High Court
Art 199(1) to issue 5 writs namely mandamus, prohibition, certiorari, habeas corpus, certiorari and quo warranto;
Art 199(2) Enforcement of Fundamental Rights;
Art 203: To supervise/control subordinate courts;
Art 204: To punish for its contempt;
To hear appeal under S.96 &100 of CPC;
To decide reference under S.113 of CPC;
Power of review under S.114 of CPC;
Power of revision under S.115 of CPC;
Appeals under S.410 of Cr.P.C;
Appeals against acquittal under S.417 of Cr.P.C;
Appeals against judgment/decree/order of tribunals under special laws;
To issue directions of the nature of habeas corpus under S.491 of Cr.P.C;
Banking & Company Judge Jurisdiction
Inter-Court appeal at Lahore High Court and High Court of Sindh,
{High Court of Sindh has original jurisdiction in civil cases of the value of above 3 million}.
District & Sessions Judge/Additional District & Sessions Judge
Appeal against judgment/decree of a Civil Judge under S.96 of CPC;
Appeal against order under S.104 of CPC;
Power of revision under S.115 of CPC;
Original jurisdiction in suits upon bills of exchange, hundies or promissory notes under Order XXXVII of CPC;
Murder trial under S.265 A of the Cr.P.C;
Criminal trial under Hudood laws;
Appeals under S.423 of Cr.P.C;
Power of revision under S.435 of Cr.P.C;
To issue directions of the nature of habeas corpus under S.491 of Cr.P.C; and
As Justice of Peace issue directions under S.22 A & 22 B of Cr.P.C.
Decides pre-arrest bail applications under S 498 of the Cr. PC.
(In Karachi District, the original jurisdiction of District Judge is limited to Rupees 3 million)
Civil Judge 1ST Class
To try all civil suits, there is no pecuniary limit on its jurisdiction;
In certain jurisdictions also designated as Rent Controller;
In certain jurisdictions also designated as Judge, Family Court;
In certain jurisdictions also designated as Guardian Judge;
At Karachi, pecuniary jurisdiction limited to rupees 3 million (Karachi Courts Order 1956); and
In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C.
Civil Judge 2ND Class
To try civil suit up to the value of five lakh rupees; and
In certain jurisdictions designated as Rent Controller/Judge, Family Court.
Civil Judge 3rd Class
To try civil suit up to the value of two lakh rupees.
THE PROCEDURE OF THE CIVIL COURTS
Suit (statement of claim) by the plaintiff
Based on all documents relevant to the case, (copies or original) documents are either attached with the suit or relied upon along with Fard Pata (address of the plaintiff(s), Fard-e-Dastawaizat (list of documents), Fard-e-Inhesar (list of reliance), list of legal heirs of the plaintiff (s), Fard Talbana (court fee for issuance of summons/notices to the defendants), notices and summons and Wakalat Nama (Power of Attorney). Along with lifa-e-Dastawaizat is filed before the Senior Civil Judge who allocates these suits to different Civil Judges according to their jurisdiction and work load.
Summons are issued which are brought to the defendant(s) by the Piadas (Notice servers).
The Written Statement on behalf of the defendant(s) based on all relevant documents to the case together with all the civil forms mentioned above is filed.
Issues are framed.
List of witnesses is filed.
Evidence is recorded first by the plaintiff, then by the defendant(s) and finally evidence in rebuttal by the plaintiff. Witnesses can be summoned by intervention of the court, a special commission for local examination and investigation might be set up. Expert witnesses can also be summoned for seeking their expert opinion.
Arguments by the Lawyers.
Decision (Judgment & Decree) by the Court.
Execution of the Judgment.
THE PROCEDURE OF THE CRIMINAL COURTS
Occurrence of an event (fighting, murder, theft, adultery etc.)
Investigation
F.I.R. (First Information Report), Physical Remand (upto 14-days), Judicial Remand.
Medical Forensic Report, Map of the location, Statements of the witnesses, Objects recovered like weapons, stained clothes, Chemical reports, Report on the body and the judicial remand documents and material helpful for the trial and investigation, Challan (Report of the Police investigations) is processed by the prosecution section working under the police, Prosecution branch helps in the legal investigation of the case.
Inquiry
It is the pre-trial proceeding conducted by the Magistrate to determine if, how and where the case to be tried.
Sessions procedure.
Warrant procedure (serious offences)
Summons procedure (punishment upto six months0
Trial
Acquisition being put, the accused questioned and the defence evidence, if any, recorded.
(Under the warrant procedure, first there is preliminary inquiry to determine whether the facts would justify the framing of a charge. Whether the accused pleads guilty or not? If he pleads not guilty, the trial proceeds Right to record any of the prosecution witnesses before the charge for further examination. On conclusion of the prosecution evidence, the statement of the accused is taken and then the defence evidence is recorded).