Justice n. Fairness, moral rightness, and a scheme or system of law in which every person receives his/her/its due from the system, including all rights, both natural and legal. One problem is that attorneys, judges, and legislatures often get caught up more in procedure than in achieving justice for all Judiciary: The branch of government that is endowed with the authority to interpret and apply the law, adjudicates legal disputes, and otherwise administers justice. Every society in human history has confronted the question of how to resolve disputes
Definition of Court: Court n. any official tribunal (court) presided over by a judge or judges in which legal issues and claims are heard and determined. Judicial courts are created by the government through the enactment of statutes or by constitutional provisions for the purpose of enforcing the law for the public good. They are impartial forums for the resolution of controversies between parties who seek redress from a violation of a legal right. In a broader sense, the term may also refer to a legislative assembly; a deliberative body.
The public has a right to attend judicial proceedings. This right ensures that the proceedings will be conducted in a fair and unbiased manner. Most courts have a multilevel structure. A few states have a two-tiered system, but the federal government and most states use a three-tiered model. All litigants have an opportunity to argue cases before a trial-level court, and subsequently to pursue the matter further through two levels of appeals courts. Purpose of Judicial System: The purpose of the legal system is to provide a system for interpreting and enforcing the laws.
The purpose of the legal is to provide a systematic, orderly, and predictable mechanism for resolving disagreements. Functions of Judicial System In order to do its job, any such system must perform three closely connected, but nevertheless distinct, functions:
• Adjudication( Arbitration, negotiation),
Judicial Function The judicial function is the core of any legal system. In its judicial function, a legal system adjudicates disputes, issuing a decision as to how the disagreement should be settled. Legislative Function
The purpose of the legislative function is to determine the rules that will govern the process of adjudication. Legislation tells judicial function how to adjudicate. Executive Function Finally, the purpose of the executive function is to ensure, that the disputing parties submit to adjudication in the first place, and they actually comply with the settlement eventually reached through the judicial process. In its executive function the legal system may rely on coercive force, voluntary social sanctions, or some combination of the two.
The executive function gives a legal system its "teeth," providing incentives for peaceful behavior; both domestic law enforcement and national defense fall under the executive function. The roots of the current judicial system of Pakistan stretch back to the medieval period and even before. The judicial system that we practice today has evolved over a long period of time, spanning roughly over a whole millennium. The system has passed through several epochs covering the Hindu era, Muslim period including the Mughal dynasty, British colonial period and post-independence period.
Notwithstanding the successive changes i. e. one rule/dynasty substituted by the other, which naturally resulted in the socio-economic and political transformation of the Indian society, the judicial system generally maintained a steady growth and gradual advance towards consolidation and improvement/refinement, without indeed, having to undergo any major disruption or substantial change. All in all, the system experienced and passed through 3 distinct stages of historical development, namely, Hindu Kingdom, Muslim-rule and British colonial domination.
The 4th and current era, commenced with the partition of India and the establishment of Pakistan as a sovereign and independent State. The system, thus, has evolved through a process of reform and development. This conclusion enjoys near unanimity among historians and commentators of Indian legal history. During this process of evolution and growth, the judicial system did receive influences and inspirations from foreign doctrines/notions and indigenous norms/practices, both in terms of organising courts’ structure and hierarchy, and following procedures/practices in reaching decisions.
Therefore, the present judicial system is not an entirely foreign transplant, as is commonly alleged, but has acquired an indigenous flavour and national colour. And whereas the system may not fully suit the genius of our people or meet the local conditions, its continued application and practice has made it intelligible to the common man. The very fact that the people are making resort to the courts for the resolution of their conflicts/disputes indicates that the system enjoys a degree of legitimacy and acceptance. Judicial Structure of Pakistan
Pakistan's judicial system stems directly from the system that was used in British India as on independence in 1947, the Government of India Act 1935 was retained as a provisional Constitution. As a consequence, the legal and judicial system of the British period continued, of course, with due adaptations and modifications, where necessary, to suit the requirements of the new Republic. This way, neither any vacuum occurred nor did any break result in the continued operation of the legal system. Pakistan is an Islamic republic. Islam is the state religion, and the Constitution requires that laws be consistent with Islam.
Superior Judiciary The Constitution of Pakistan deals with the superior judiciary in a fairly comprehensive manner and contains elaborate provisions on the composition, jurisdiction, powers and functions of these courts. The Constitution provides for the “separation of judiciary from the executive” and the “independence of judiciary”.  It entrusts the superior courts with an obligation to “preserve, protect and defend” the Constitution.  The qualifications of Judges, their mode of appointment,  service conditions, salary, pension,  etc are also laid down in the Constitution.
The remuneration of judges and other administrative expenditures of the Supreme Court and High Courts are charged on the Federal/Provincial Consolidated Fund, which means it may be discussed but cannot be voted upon in the legislature. The Constitution also provides for the grounds as well as forum and procedure for the removal of judges of the superior courts. The Supreme Judicial Council, consisting of the senior judges of the Supreme Court and High Courts, on its own or on a reference made by the President, may recommend the removal of a Judge on the ground of misconduct or physical or mental incapacity.
Thus, the Constitution ensures the freedom, independence and impartiality of the superior judiciary. There is a Supreme Court in Pakistan and a High Court in each province, and other courts exercising civil and criminal jurisdiction. The Supreme Court and High Courts have been established under the Constitution and other Courts have been established by or under the Acts of Parliament or Acts of Provincial Assemblies. The Constitution also provides for the office of Ombudsman.
The Supreme Court is at the apex of the judicial systems of Pakistan. The Supreme Court of Pakistan consists of Chief Justice and not more than 16 other Judges appointed by the President. A person with 5 years experience as a Judge of High Court or 15 years experience as an advocate of High Court is eligible to be appointed as a Judge of the Supreme Court. The President of Pakistan appoints Judges to the Supreme Court from amongst the persons recommended by the Chief Justice of Pakistan on the basis of their knowledge and expertise in the different fields of law.
The recommendation of Chief Justice is binding on the President and is entitled to be accepted except for reasons to be recorded by President, which are justifiable. As per practice, usually the most Senior Judge of the Supreme Court is appointed as the Chief Justice. A Judge holds office until attaining the age of 65 years, unless he resigns earlier or is removed from office, in accordance with the Constitution. No Judge may be removed from office except on the grounds specified by the Constitution, namely, physical or mental incapacity, or misconduct, to be determined by the Supreme Judicial Council.
Exercises: It possesses exclusive original jurisdiction for settlement of intergovernmental (federal/provincial) disputes. Under this jurisdiction, the Court pronounces declaratory judgments. The Supreme Court can also exercise original jurisdiction, with respect to the enforcement of fundamental rights, if the case involves a question of public importance.
Jurisdiction: The Supreme Court, if it considers that a question of public importance, with reference to the enforcement of any of the Fundamental Rights ensured by the Constitution of Pakistan is involved, it has the power to make any appropriate order for the enforcement of fundamental rights. APPELLATE JURISDICTION: Exercises: Under its appellate jurisdiction, the Court entertains appeals against orders and decisions of High Courts and other special tribunals and courts. Under the Constitution, the Court is invested with authority to make its rules of practice and procedure.
Under the rules, the Chief Justice, as the head of the institution, nominates Judges for hearing of cases and exercising other administrative powers and functions. Jurisdiction: The Supreme Court has jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences passed by a High Court, the Federal Shariat Court and the Services Appellate Tribunals. An appeal to the Supreme Court can be made as a matter of right for certain cases while for the rest the Court hears an appeal with its prior permission.
Exercises: In exercise of its advisory jurisdiction, the Court furnishes its opinion on a question of law of public importance referred to it by the President for consideration. Advisory Jurisdiction: It, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.
The Supreme Court considers the question so referred and reports its opinion on the question to the President. The permanent seat of the Supreme Court is at Islamabad, but it also runs circuits at Lahore, Karachi, Peshawar and Quetta. Transfer of Cases: The Supreme Court may, if it considers expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.
General: The practice and procedure of the Court is regulated by the rules made by the Court. All executive and judicial authorities throughout Pakistan are required to act in aid of the Supreme Court. Any decision of the Supreme Court to the extent it decides a question of law or is based upon or enunciates a principle of law is binding on all courts in Pakistan. The Supreme Court has the power to review any judgments pronounced by it or any order made by it.