Thursday, December 2, 2010

6)- Judicial branch, Supreme Court &Provincial & High Courts

JUDICIAL BRANCH: 
The judiciary includes the Supreme Court, provincial high courts,District & sessions Courts,Civil and Magistrate courts exercising civil and criminal jurisdiction.Some federal and provincial courts and tribunals such as Services court,Income tax & exise court,Banking court and Boards of Revenue's Tribunals are as well established in all provinces.


SUPREME COURT:
The Supreme Court has original, appellate, and advisory jurisdiction. The Chief Justice of the Supreme Court is appointed by the president; the other Supreme Court judges are appointed by the president after consultation with the chief justice. The chief justice and judges of the Supreme Court may remain in office until age sixty-five: now 68 years and this is also another clause of seventeenth amendment.



PROVINCIAL & HIGHER COURTS
In every province,there is one High Court.Currently all four provinces Punjab, Sindh, Khyber Pakhtunkhwa and Balochistan have High courts,respectively called Lahore High Court, Sindh High Court, Peshawar High Court,and Balochistan High Court.After the approval of 18th Constitutional Amendment in April 2010,a new High court is established at Federal Capital Islamabad with the name of Islambad High Court.In 18th Amendment, judges appointments are proposed by a Parliamentary Commission. Judges of the provincial high courts were, previously appointed ( The seventeenth amendment give these powers to the president, previously Prime minister exercised them) by the president after consultation with the chief justice of the Supreme Court, as well as the governor of the province and the chief justice of the high court to which the appointment is being made. High courts have original and appellate jurisdiction.
There is also a Federal Shariat Court consisting of eight Muslim judges, including a chief justice appointed by the president. Three of the judges are ulama, that is, Islamic Scholars, and are well versed in Islamic law. The Federal Shariat Court has original and appellate jurisdiction. This court decides whether any law is repugnant to the injunctions of Islam. When a law is deemed repugnant to Islam, the president, in the case of a federal law, or the governor, in the case of a provincial law, is charged with taking steps to bring the law into conformity with the injunctions of Islam. The court also hears appeals from decisions of criminal courts under laws relating to the enforcement of hudud (see Glossary) laws that is, laws pertaining to such offences as intoxication, theft, and unlawful sexual intercourse.

In addition, there are special courts and tribunals to deal with specific kinds of cases, such as drug courts, commercial courts, labour courts, traffic courts, an insurance appellate tribunal, an income tax appellate tribunal, and special courts for bank offences. There are also special courts to try terrorists. Appeals from special courts go to high courts except for labour and traffic courts, which have their own forums for appeal. Appeals from the tribunals go to the Supreme Court.

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