The Politics of Pakistan takes place within the framework established by the constitution. The country is a federal parliamentary republic in which provincial governments enjoy a high degree of autonomy and residuary powers. Executive power is vested with the national cabinet which is headed by Prime Minister of Pakistan, who works with the bicameral parliament and the judiciary. Stipulations set by the constitution provide a delicate check and balance of sharing powers between executive, legislative, and judicial branches of the government.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original, appellate and advisory jurisdictions.
The chief justice of India is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian Judiciary. The Constitution of India grants power to the president of India to appoint, as dictated by outgoing chief justice in consultation with judicial cabal of 21 Supreme Court judges, the next chief justice, who will serve until they reach the age of sixty-five or are removed by the constitutional process of impeachment.
The Supreme Court of Pakistan is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan.
Nazim Hussain Siddiqui a Pakistani jurist who served as Chief Justice of the Supreme Court of Pakistan, from 31 December 2003 to 29 June 2005.
Iftikhar Muhammad Chaudhry is a Pakistani jurist who served as the 20th Chief Justice of Pakistan over three non-consecutive terms from 29 June 2005 to 11 December 2013.
The Tennessee Plan is a system used to appoint and elect appellate court judges in Tennessee. It is largely patterned after the Missouri Plan, and an earlier version in Tennessee was called the Modified Missouri Plan. At the end of every judge's eight-year term following a judicial appointment to the highest courts, retention elections are held, which have the option of whether each judge shall be retained through a yes-no option. This system applies to the Tennessee Supreme Court, the Tennessee Court of Appeals, and the Tennessee Court of Criminal Appeals.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution.
The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.
The Judiciary of Ghana comprises the Superior Courts of Judicature, established under the 1992 Constitution, and the Inferior Courts, established by Parliament. The hierarchy of courts derives largely from British juridical forms. The courts have jurisdiction over all civil and criminal matters.
The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The Constitution of India provides concept for a single and unified judiciary in India.
The Supreme Judicial Council of Pakistan is a judicial body of the superior judiciary of Pakistan, empowered under the Article 209 of the constitution of Pakistan, to hear cases of misconduct against judges.
The Eighteenth Amendment of the Constitution of Pakistan was passed by the National Assembly of Pakistan on April 8, 2010, removing the power of the President of Pakistan to dissolve the Parliament unilaterally, turning Pakistan from a semi-presidential to a parliamentary republic, and renaming North-West Frontier Province to Khyber Pakhtunkhwa. It also gave self-governing, legislative and financial autonomy to provincial authorities. The package was intended to counter the sweeping powers amassed by the presidency under former presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq and to ease political instability in Pakistan. The bill reversed many infringements on the Constitution of Pakistan over several decades by its military rulers. The amendment bill was passed by the Senate of Pakistan on April 15, 2010 and it became an act of parliament when President Asif Ali Zardari signed the bill on April 19, 2010. It was the first time in Pakistan's history that a president relinquished a significant part of his powers willingly and transferred them to parliament and the office of the prime minister.
The Nineteenth Amendment to the Constitution of Pakistan is a 2011 amendment reforming the judicial appointments procedure as well as expanding the Federally Administered Tribal Areas (FATA).
The History of the Supreme Court of Pakistan, organised by the Chief Justice of Pakistan, follows from its constitutional establishment in 1947 till its recent events. The Supreme Court of Pakistan is the highest appellate court of the country and court of last resort— the final arbiter of the law and the Constitution.
The National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the recruitment, appointment and transfer of judicial officers, legal officers and legal employees under the government of India and in all state governments of India. The commission was established by amending the Constitution of India through the 99th constitution amendment with the Constitution (Ninety-Ninth Amendment) Act, 2014 or 99th Constitutional Amendment Act-2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014. The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.
Umar Ata Bandial is a Pakistani jurist who served as the 28th Chief Justice of Pakistan from February 2022 to September 2023. He was appointed as the Chief Justice after the approval by President Arif Alvi on 13 January 2022, after which he assumed his office on 2 February 2022 and retired on 16 September 2023.
The Ninety-ninth Amendment of the Constitution of India, officially known as The Constitution Act, 2014, formed a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill. The amendment was struck down by the Supreme Court on 16 October 2015.
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