Objective Resolution After the death of Quaid-e-Azam on 11th September 1948, the responsibility of framing the constitution fell on the shoulders of the first Prime Minister, Liaquat Ali Khan. On 7th March 1949 Prime Minister Liaquat Ali Khan had presented a resolution which known as Objective Resolution and was passed on 13th March 1949. Objective Resolution is of fundamental importance in the history of constitutions making in Pakistan because from the first constitution of 1956 till the constitution of 1973 (present constitution) whatever constitution was framed it was based on this objective resolution. Hence, it is a significant document in the constitutional history of Pakistan. The Objectives Resolution, which is considered to be the “Magna Carta” of Pakistan’s constitutional history. The most significant thing was that it contained the basic principles of both Islamic political system and Western Democracy. Salient Features: I) Sovereignty of the entire Universe belongs to Allah Almighty. II) Pakistan shall be a federation and its constituent units will be autonomous. III) Constitution of Pakistan should be framed by the Constituent Assembly. IV) State should exercise its powers through the chosen representatives. V) Principles of democracy, freedom, equality and tolerance as inshore by Islam should be followed. VI) Muslim shall live their lives according the teaching of Quran and Sunnah. VII) Minorities can freely profess and practice their religion. VIII) It would be the duty of the state to safeguard the interests of minorities, backward and depressed classes. IX) Fundamental rights including equality of status, social, economic and political justice, and freedom of thought, expression, belief, worship and subject to law and public morality should be given to all the citizens of the state. X) The judiciary will be free and independent. To conclude I can say that; Objectives resolutions provided basic principles for constitution making in the Islamic Republic of Pakistan. It was passed by the majority in the Assembly. It is in accordance with the spirit of Islam. Constitution of 1956 Introduction Constitution is a system of fundamental laws and principles that prescribes the nature, functions, and limits of a government or another institution. After Independence of Pakistan, Pakistan has been governed under the Indian Act 1935. At that time the Prime Minister Choudhary Muhammad Ali worked hard to formulate the constitution of Pakistan and finally his efforts lead to the first constitution of Pakistan which was enforced on 23rd March 1956. This date was chosen because we all well known about the Lahore Resolution. The Constitution of 1956 was lengthy and detailed; it contained 234 articles divided into thirteen parts and six schedules. Salient Features of Constitution of 1956 1) This is a written and rigid constitution that could only be passed at least two-thirds majority of the parliament. 2) Pakistan named as Islamic Republic of Pakistan 3) Objective resolution was included as a preamble of the constitution. 4) Urdu and Bengali were made as national languages. 5) A Parliamentary system was adopted, according to it the president was the head of state and the Prime Minister is the head of government. 6) The constitution provided for a Federal system in the country. Powers was divided between the centre and the provinces. The subjects were divided into three lists; The Federal List, The Provincial List, and the Concurrent List. The Centre was invested with such powers as to take unilateral action in emergency and it could influence the provincial autonomy. The 7) The Constitution declared that there would be only one house of parliament known as the National Assembly which consisted of 300 members. 8) The Governor General was replaced by a President, who was to be elected by the Electoral College of Pakistan composed of members of the National Assembly and Provincial Assembly. 9) The President must be a Muslim of at least forty years of age. In case of internal or external danger he could declare a state of emergency in the country. He was authorized to appoint the Governors, the Judges of the Supreme Court, Auditor General and the Advocate General. 10) No law would be passed against the teachings of the Quran and Sunnah. 11) Constitution provided an independent judiciary in the country. 12) Fundamental rights like freedom of movement, speech and expression given to the citizens of Pakistan. 13) Rights of minorities safeguarded and protected by the state, and they can freely perform their practice of religious. Failure/Drawbacks of constitution of 1956 The Constitution of 1956 was abrogated in 1958. The causes of its failure were as under: 1) General elections were not held up to 1956. Consequently, the parliamentary system did not strike roots in country. 2) The politicians were insincere and preferred their personal interests over national interests. 3) The multi-party system was one of the main causes of its failure. Many political parties made without any political goal. 4) Irresponsible and unpatriotic acts of Ghulam Mohammad destabilized the democratic process. He did not hesitate to dissolve the First Constituent Assembly. 5) The constitution was modeled on the One Unit of West Pakistan. Opponents of the One Unit created hatred against the Constitution. 6) The multi-party system was one of the main causes of its failure. Many political parties made without any political goal. The Constitution of 1962 Introduction: In October 1958, President Iskander Mirza abrogated the constitution. Shortly afterwards General Ayub Khan deposed Iskander Mirza and declared himself as president and martial law was imposed in Pakistan. In this way the 1st military govt came into existence in Pakistan. On 17 February 1960 Ayub Khan appointed a commission to report on the future political framework for the country. Then president and his cabinet approved the text of new constitution which came into effect on 8 June 1962. The constitution contained 250 articles divided into twelve parts and three schedules. Salient Features: I) This was a written and rigid constitution. II) The state of Pakistan was named the “Republic of Pakistan”, but the first amendment added the word “Islamic” to the name. III) Urdu and Bengali as National Languages. IV) A federal system was introduced in the country. It consisted of a central government and two provincial government comprising east and West Pakistan. V) Presidential form of Government: President was the head of Govt. He was empowered to nominate the ministers of his cabinet. The President was to be a Muslim not less than 35 years of age. The term of the President was for five years. VI) The President was elected by an Electoral College comprising 80,000 Basic Democrats, equally distributed between the two provinces. VII) The Constitution declared that there would be only one house of parliament known as the National Assembly. The members of the National Assembly were elected by the basic democrats. VIII) The Judiciary was responsible for the interpretation of laws and executive orders in the light of the principles embodied in a written constitution. IX) The constitution of 1962 laid down fundamental rights of speech and expression, freedom to choose profession and freedom to profess religion. Drawback/Failure of Constitution a) The constitution of 1962 was given by one man. Under its Presidential system, President was granted vast power while power of national assembly was limited. b) The system of check and Balance was absent in the constitution of 1962 because President appoints the ministers and ministers were not answerable to National Assembly, they were accountable to President. c) Provinces were not given autonomy. The center was more powerful. This clash of power failed the constitution. d) There were many political causes for the failure of the constitution for example negative attitude of political parties. e) Public liberties suffered under the presidential form of Govt. There was no room for criticizing the government. Comparison of 1956 and 1962: *Constitution of 1956 introduced parliamentary form of Govt while Constitution of 1962 introduced presidential form of Govt. * 1956 did not introduced any referendum system while Constitution of 1962 introduced referendum in the country. * Constitution of 1956 introduced direct election while Constitution of 1962 introduced indirect election according to which indirect system only 80000 Basic Democrats were given to right to cast their votes in presidential election. * There was no Islamic institute in the constitution of 1956 while in 1962 introduced two Islamic institution i.e. advisory council of Islamic ideology and Islamic research institutions. *Most of the executive powers were exercised by the prime minister under the constitution of 1956. Most of the executive powers vested in the president under the 1962 constitution. * Constitution of 1956 contains three lists of subject i.e. federal, provincial and concurrent matter. Constitution of 1962 provided only two lists of subjects i.e. central and provincial. * 1956 provided the fundamental rights while 1962 ignored the fundamental rights. Indian Act 1935 The Government of India Act 1935 was the last legislation of British parliament. After the failure of Three Round Table Conference which was held in 1930, 1931 and 1932 respectively, the British government published a white paper in which a proposal given how India should be governed. In 1935, a bill was furnished in British parliament which was passed immediately. It was known as Government of India Act 1935.The Central part of the Act could not be enforced and was suspended for some time. However, the provincial part of the Act was enforced on 1st April 1937 Following are the main features of Act 1935 1- Two new provinces Sindh and Orissa created and numbers of provinces were increased to eleven. 2- Dyarchy system was abolished and Provincial Autonomy System introduced. 3- Establishment of an All India Federation consisting of Provinces of British India and the Princely states. The federation was 11 Governor’s Provinces and 6 Chief Commissioner’s Provinces. 4- Act divided into three lists of subjects i.e. Federal, State and Concurrent. (F3) 5- Dyarchy introduced at center, according to this act the federal subjects were divided into two categories. Reserved Subjects were defense, religious affairs, external affairs and administration of tribal areas administrated by the Governor General with the help of Executive Councilors while the rest subjects were Transferred Subjects which administered by the Governor General with the help of Council of Ministers. (F2) 6- Burma and Aden were separated from India. 7- Act retained racism due to separate electorates of Anglo-Indian and Indian Christians. 8- The Federal Court was established in the center to adjudicate state disputes and matters related interpretation of constitution. This is not final court of appeal, Privy Council in England regarding as final court of appeal. (F4) 9- Act provided the safeguard and protective amours for the minorities. 10- The Federal Legislature was to consist of two houses, the Council of State (Upper House) and the Federal Assembly (Lower House). The Council of State was to consist of 260 members, out of whom 156 were to be elected from the British India and 104 to be nominated by the rulers of princely states. The Federal Assembly was to consist of 375 members; out of which 250 were to be elected by the Legislative Assemblies of the British Indian provinces while 125 were to be nominated by the rulers of princely states. (F1) 11- Act gave the supremacy of British Parliament. Indian legislature had no authority no amend the constitution. This authority only remains with British Parliament. 12- Indian Act abolished the Council of Secretary of State and his control remained intact over the powers of the Governor-General. Provincial Part: * Two new provinces Sindh and Orissa created and numbers of provinces were increased to eleven. * Dyarchy system was abolished and Provincial Autonomy System introduced. * Provincial Legislature consisted of Governor as His Majesty’s and one or two houses. The provinces of Madras, Bombay, Bengal, Bihar had two houses Legislative Council (Upper) and Legislative Assembly. *The Punjab, Orissa, Sindh and NWF provinces had one house called Legislative Assembly. * In case of Legislative Council, the governor has power to nominate few members while in Legislative Assembly was entirely elected bodies. * Act of 1935 gave the Governors extraordinary powers t issue ordinance and enacts Acts. Failure/Drawbacks of Indian Act 1935 The Government of India Act of 1935 promised too much and delivered too little. * The system of diarchy which had failed in the provinces was introduced in the centre without any perspective results. * The right of amendment of constitution only reserved by British Parliament. * All authority was vested in the Parliament which was under the British influence. * The people were not given their rights. * The Ministers of State could interfere in the Government services without any reason. * Both major political parties All Muslim League and Congress rejected the Act 1935. Jinnah called it, “thoroughly rotten, fundamentally bad and totally unacceptable act." Lal Nehru said this Act was like a machine that had strong brakes and no engine. The Constitution Commission 1960 (Shahabuddin Commission) On the 7th October 1958, President Iskander Mirza abrogated the 1956 constitution and imposed martial law. After some days, General Ayub Khan deposed the Iskander Mirza and took over as martial law administrator. Two years later, On 17 February 1960 Ayub Khan appointed a commission to report on the failure of the parliamentary form of government leading to the abolition of the 1956 constitution and suggestions for the future political framework for the country. The Commission was headed by the former Chief Justice of Pakistan, Muhammad Shahabuddin, and had ten other members, five each from East Pakistan and West Pakistan, composed of retired judges, lawyers, industrialists and landlords. The report of the Constitution Commission was presented to President Ayub on 6 May 1961. Report of Commission: The commission came to conclusion that the parliamentary form of government had proved failure following are the reasons. * Lack of proper election procedure and defects in late constitution. * Unjustified interference by the head of the state and ministers in the functioning of the government of the provinces. * Lack of well-organized and disciplined political parties. Recommendations: *Commission recommended the presidential form of government. Commission favored bi-cameral legislature because there was a need of unity and equity between provinces. *Commission also recommended that members of the legislatures, both provincial and central should be elected directly by the people of Pakistan. *Commission favored separate electorate for all of Pakistan. *Commission suggested improving the Election procedure. The commission advice that we should follow the instruction given by the Holy Prophet (PBUH). *The Judiciary must be independent. The commission prescribed the procedure of removal of Chief Justice and other judges of Supreme Court and High Court same as impeachment of the President, Vice President and Governor. Basic Principle Committee After the passage of Objective Resolution, The Basic Principles Committee (BPC) was formed on March 1949 by the first Constituent Assembly of Pakistan. The Basic Principles Committee comprised of 24 members. The task assigned to the Basic Principles Committee was to determine the basic principles for framing the future constitution of Pakistan. On 28 September 1950, the BPC presented its first report to the constituent assembly. The salient features of this report were as following: 1. The Objectives Resolution to be included in the Constitution as the directive principles. 2. The Central Legislature was to be bicameral. It would consist of a House of Unit (Upper House) with 100 members and a House of People (Lower House) with 400 members. The tenure of both the Houses was to be five years and both were to enjoy equal power. 3. Head of State elected by joint session would be for five years term. President had discretionary and emergency, appointment and other powers. Parliament may impeach him by 2/3 majority. He was given the power to abrogate the constitution. 4. Governor was to be elected by the head of state for a term of five years and he was to work on the advice of Chief Minister. 5. The state of Pakistan was to be a federation. 6. The Supreme Court was the head of judiciary. It would consist of the Chief Justice and 2 to 6 judges. And High Courts for each province were to be established. 7. Urdu was to be state language. Reaction & Criticism: The initial report of committee raised a fire-storm of protest. It was called undemocratic, an insult to Islam and subversive of the ideology of Pakistan. It could not satisfy both the wings, East and West. The religious group objected that the report contained nothing about Islamisation. The report was highly criticized by East Pakistani people. The population of EP was slightly larger than that of the West Pakistan (WP) but it was treated as the small provinces because both the Houses were given equal powers. Bengali also raised the concern over making Urdu the national language while thoroughly neglecting the Bengali language from the constitutional arena. As a result of this reaction, Liaquat Ali Khan postponed the consideration of report and invited new suggestions. Second Report: In light of the criticism received for the first proposal, the committee moved towards including a greater participation of public opinion into their successive report to the constituent assembly. The report was presented to the assembly on 22 December 1952. Following features 1. The second proposal adopted a more Islamic stance. 2. A specific clause was added to the proposal which prevent any legislation that is made outside the limits prescribed in the Quran and the Sunnah. 3. The Objective Resolution was adopted as a preamble to the proposed constitution and the principles defined therein were to guide the state. 4. The committee also recommended that the head of state be a Muslim, and that separate electorates be maintained for Muslims and non-Muslims. 5. More powers were given to Lower House. Cabinet was made responsible to Lower House. Martial Laws in Pakistan Martial law is the suspension of civil authority and the imposition of military authority. The military authority will act as the police, as the courts and as the legislature. Martial law usually happens during something like large riot, a terrorist attack, or unstable political system in a country. During the time period of martial law, the constitution would be suspended and also basic fundamental rights like freedom of speech and expression suspended and the application of military law or military justice to civilians. 1st Martial Law: After Governor General Ghulam Muhammad was compelled to go on a two-month leave to the United Kingdom, Major General Iskander Mirza entered the office of the Governor General on August 7, 1955. During Mirza's rule, the new Constitution was approved by the Constituent Assembly on February 29, 1956, and was promulgated on March 23, 1956. Then came the fateful day of October 7, 1958 when Iskander Mirza proclaimed martial law throughout the country and appointed the Army Chief, General Muhammad Ayub Khan, as Chief Martial Law Administrator. The constitution was abrogated, central and provincial governments were dismissed, National and provincial assemblies stood dissolved, and all political parties were abolished. However three weeks later, General Ayub Khan deposed Iskander Mirza on 27 October 1958 and assumed the presidency that practically formalized the militarization of the political system in Pakistan. 2nd Martial Law: The second martial law was imposed on 25 March 1969, when President Ayub Khan abrogated the Constitution of 1962 and handed over power to the Army Commander-in-Chief, General Yahya Khan. On April 3, he formed a three-member Council of Administration with himself as its Chairman, and next day issued Provisional Constitution Order (PCO) providing basis for governance of country. 3rd Martial Law: The third martial law was imposed on 5 July 1977, when General Zia-ul-Haq overthrew the Bhutto government and took over as Chief Martial Law Administrator. The federal and provincial governments were dismissed; political parties were banned; National and provincial assemblies were dissolved; the constitution was put in abeyance; civil courts continued to function as usual but fundamental rights were suspended. The date 18th October 1977 was fixed for the general elections. General Zia issued a 15-point code of ethics to regulate the election campaign which prohibited all actions and deeds, including words and symbolic representations. On October 1, the elections were postponed indefinitely. On November 10, 1977 the Supreme Court unanimously validated the imposition of martial law, under the doctrine of necessity. In its judgement dismissing Begum Nusrat Bhutto's petition challenging detention under martial law of former Prime Minister Z.A. Bhutto. Federation of Pak Vs Maulvi Tameez-ud-Din Khan Case There have been a lot of important and leading cases in the history of Pakistan. Maulvi Tamizuddin Khan Vs Federation of Pak is one of important case in the history of Pakistan. On 24 October 1954, Ghulam Mohammad, the Governor General of Pakistan dissolved the first constituent assembly of Pakistan. The speaker of Constituent Assembly, Maulvi Tamizuddin Khan challenged the dissolution of Assembly in the Sindh High Court. A writ of mandamus was filed by the Maulvi Tameez-ud-din, in order to restrain the enforcement of the proclamation of the governor general and won. The Sindh High Court stated the dissolution of Assembly found illegal and unconstitutional (PLD 1955, Sindh 96). The Federal Govt filed an appeal in the Supreme Court of Pakistan which was hearing under Chief Justice Muhammad Munir. The following arguments were given by federation: *the constituent assembly was dissolved in a right way. * The Chief Court of Sindh (High Court) had no jurisdiction to entertain the writ petition. The Supreme Court suspended the decision of the Sindh High Court and ruled in favour of the governor general (PLD 1955 FC 240). Miss Asma Jilani Vs Federation of Pakistan The two appeals, one filed by Miss Asma Jilani in the Punjab High Court for the release of her father Malik Ghulam Jilani, and by Mrs. Zarina Gohar in the Sindh High Court for the release of her husband Altaf Gohar, under Article 98 of the Constitution of Pakistan 1962. The detention of Malik Ghulam Jilani and Altaf Gohar had been made under the Martial Law Regulation No.78 of 1971. Both High Courts rejected appeal relying on the decision of SC in case of state vs. Dosso and Kelson theory of necessity and also under the jurisdiction order of 3 1969, High courts has no jurisdiction to hear the appeal against Martial Act. An appeal was preferred to the SC against the decision of HC. Supreme Court of Pakistan declared the detention void and order to restrain the Martial Law. SC held the theory of necessity as enunciated in Dosso case as universally not applicable. When judgment was released, Yahya Khan was not in power but now it was Bhutto’s Martial Law and Bhutto was the Chief Martial Law Administrator and the President. He was ordered by the Court to remove the Martial Law. The case was proved a fresh air for the democracy. State Vs Dosso A murder took place in a district of Baluchistan by a person named as Dosso. He was arrested and was handed over to the Council of Elders (Jirga).The Tribal authorities charged him under FCR; 1901.The relatives of Dosso upon this filed a writ petition in Lahore High court against the decision of Jirga. Lahore high court heard the case under the constitution of 1956, and held its verdict in favour of Dosso. Lahore high court also declared FCR as an unconstitutional. The Federal Government of Pakistan went into an appeal in Supreme Court against the verdict of the Lahore High Court. The Supreme Court decided 13th October 1958 as the date for hearing the case. But prior to that on October 7, 1958, a drastic change came in the political history of Pakistan; when 1st martial was Imposed in the country. After imposition of Martial Law some technical points raised in Dosso case throughout the country. * If Supreme Court would uphold the decision of Lahore High Court in Dosso case, it means the 1956 Constitution was still in force. * And if 1956 constitution was still enforce then what was the role of Martial law regulation. In short it would have been a challenge to the Martial Law administration. The Supreme Court decided the case unanimously against the verdict of Lahore High Court. The Supreme Court decision was based on the Hans Kelson’s Theory of Legal Positivism. The judgment of Supreme Court held that 1958 Martial law imposition is a kind of peaceful revolution which is not resisted or opposed by the common people; this clearly defines that the people are happy with this change; thereafter this revolution or martial law is legal as long as it satisfies the common people. The SC also held that as the 1956 constitution was abrogated therefore FCR 1901 was still in force hence decision of Jirga is valid. Criticism: The judgement of SC revalidated the British Imperial legacy, FCR popularly known as black law in the tribal areas of Frontier and Baluchistan which is still enforced even today. The judgement of SC recognized the ML as legal and valid action; this had a far reaching effect on the political history of Pakistan. It opened the gates for the future ML”s in the country. Chief Minister Chief Minister is the head of the provincial government. CM is appointed by the Governor from amongst the members of the Provincial Assembly. Under Article 130 of Constitution, The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly. The Chief Minister must be a citizen of Pakistan and member of provincial assembly. After election, CM shall take oath from Governor. After taking oath, CM has to take a vote of confidence from the Provincial Assembly within 60 days. Powers of Chief Minister: 1) Formation of Cabinet 2) The Chief Minister calls the meetings of the Cabinet and presides over its meetings. He also prepares the agenda for cabinet meetings. 3) Chief Minister looks after the performance of other departments. 4) Chief Minister makes appointments and removal of officials from different departments. 5) It is his duty to communicate to the Governor all decisions 6) Provincial Budged is prepared under his supervision. Removal of Chief Minister: Under Article 136, a resolution of vote of no-confidence moved by not less than twenty per centum of the total membership of the Provincial Assembly may be passed against the Chief Minister by the Provincial Assembly. If such resolution passed by a majority of the total membership of the Provincial Assembly, the Chief Minister shall cease to hold office. Governor Governor is appointed by President of Pakistan after consultation with Prime Minister. Governor shall be registered voter and a resident of concerned Province and not less than 35 years of age. The Governor holds his office during the pleasure of the President and there is no sanctioned term of office for Governor. Powers of Governor: Governor possesses similar powers to those of President of Pakistan. However, exercises these powers only in his province. 1) Governor can dissolve Provincial Assembly on advise of Chief Minister. 2) Governor has right to address provincial Assembly. 3) Governor possesses power to appoint Provincial Ministers from members of Provincial Assembly on advice of Chief Minister. 4) Governor possesses power to promulgate ordinance. Alternate Dispute Resolution (ADR System) ADR is a vast field. It is not a new concept in Pakistan. Dispute resolution has been apart of our culture for a long time in the form of Panchayats and Jirgas. The most benefits of ADR system as speed settlements and saves money. ADR systems generally categorized as negotiation, mediation, and arbitration systems. Negotiation systems create a structure to encourage and facilitate direct negotiation between parties to a dispute, without the intervention of a third party. Mediation system helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the case but helps the parties communicate so they can try to settle the dispute themselves. Arbitration systems authorize a third party to decide how a dispute should be resolved. There are two kinds of ADR have been practiced in Pakistan Traditional ADR refers to the traditional and centuries old system including Panchayats and Jirgas. Public bodies based ADR that included Arbitration Councils, Union Councils and Conciliation Courts. Arbitration Councils were confined to issues of divorce, permission for second marriage, and maintenance for existing wives. Union Councils provided the arbitration forum under Muslim Family law Ordinance 1961 and looked after a few selected family related issues. Conciliation courts were established under Conciliation Courts Ordinance 1961 and were vested with limited civil/criminal/pecuniary jurisdiction. Supreme Court of Pakistan Supreme Court is the apex court in Pakistan’s court system and is the final arbiter of all legal and constitutional matters. The permanent seat of the Supreme Court is in Islamabad. It consists of Chief Justice of Pakistan and other judges. Qualification: A person with five years experience as a Judge of High Court or 15 years experience as advocate of High Court is eligible to be appointed as a Judge of the Supreme Court. Appointed: The Chief Justice of Pakistan and each of other judges of the Supreme Court shall be appointed by the President in accordance with Article 175A, inserted through 18th and 19th Constitutional amendments. After passage of the 18th and 19th Amendments Article 175A provided, a new Judicial Commission of Pakistan was established for appointments of Judges of Supreme Court, High Court and Federal Shariat Court. The Judicial Commission of Pakistan consists of a total of nine members. The Chief Justice of Pakistan as Chairman, four senior judges of the Supreme Court, a former Chief Justice or judge of the Supreme Court nominated by Chief Justice of Pakistan, Attorney General of Pakistan, the Federal Minister for Law and Justice and one senior advocate nominated by the Pakistan Bar Council. The Judicial Commission of Pakistan shall nominate a name for the appointment as judge of Supreme Court with majority and sent to the Parliamentary Committee. The Committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who shall forward the same to the President for appointment. Jurisdiction: The Supreme Court exercises original, appellate, and advisory jurisdiction on all of country's courts hence, the Supreme Court is the final arbitrator of all cases where the decision has been reached. The Supreme Court has an Original jurisdiction in any dispute between any two or more provincial governments or the Government of Pakistan itself where the Supreme Court may pronounce declaratory judgments only to settle the disputes. The court also exercise original jurisdiction in case of violation of fundamental rights. (Article 184) Appellate Jurisdiction: The Supreme Court has Jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences passed by a High Court or Federal Shariat Court. (Article 185) The Court has Advisory jurisdiction in giving opinion to the Government on a question of law. (Article 186) The High Court There is a High Court in each province and the capital Islamabad. Each High Court consists of a Chief Justice and other judges. Justices of the High Courts are selected by the same method as mentioned in Article 175A. Qualification: A person with 3 years experience as a District Judge or 10 years experience as an advocate of a High Court (Article 193). He is also a citizen of Pakistan and not less than 45 years of age. Appointment: In Appointments to the High Courts, the same procedure as in Supreme Courts appointments is adopted Prior to 18th Constitutional Amendment but instead of 4 supreme court judges, 4 most senior high court judges, provincial law minister and a member of provincial bar councils (such as Sindh Bar Council) will sit the Judicial Commission of Pakistan considering the appointment of high court judges. A High Court has Original and Appellate jurisdiction Original Jurisdiction: Article 199 provided, i) Declaring any act done by a person without lawful authority is of no legal effect. ii) Directing that a person in custody brought before it, so that court satisfy itself that he is not being held unlawfully. ii) Giving such directions to any person or authority for enforcement of any fundamental rights conferred by the Constitution. iv) a High Court has the power to withdraw any civil or criminal case from a trial court and try it itself. Appellate Jurisdiction: A High Court has extensive appellate jurisdiction against the judgments, decisions, decrees and sentences passed by the civil and criminal courts. Senate Introduction: Senate defined as “An assembly or council of citizens having the deliberative functions in a government or a legislative assembly of a state or nation”. The concept of senate of Pakistan was given by Zulfqar Ali Bhutto in 1973. After senate formed the membership of the Senate was 45, which was raised to 63 in 1977. In 1985 number was raised to 87. The government of Pervez Musharraf also raised the membership of the Senate from 87 to 100 through the Legal Framework Order (LFO) in 2002 and the government of Asif Ali Zardari raised the membership of the Senate from 100 to 104 through the 19th amendment in 2011(four minority members from four provinces). Main Purpose of Senate of Pak: The main purpose for the creation of the Senate of Pakistan was to give equal representation to all the provinces since the membership of the National Assembly was based on the population of each province. Equal provincial membership in the Senate thus balances the provincial inequality in the National Assembly. Advantages of Senate: The main advantage of creation of senate is that to give equal representation of all provinces because Punjab is the most populated province of Pakistan and Punjab was dominate in the National assembly without consent of Punjab no any bill passed from house. Now after the formation of senate it is necessary to all four provinces must be in same page and want to pass any bill. Procedure of Election of Senate: The term of a Senator comprises of six years but Senate elections held with the duration of three years when one half of the members of the upper house retire after completion of their term. Senate elections take place under the Article 59 of the Constitution. Each of the four provincial assemblies shall elect 23 members from their respective provinces that include 14 on general seats, 4 seats reserved for technocrats including Ulema, 4 seats reserved for women and 1 seat reserved for non-Muslims. Four members i.e. two on general seats, one technocrat including Aalim and one woman are elected from the Federal Capital whereas eight members are elected from the Federally Administrated Tribal Areas (FATA) in such manner as the President may, by order prescribe. Provinces General Technocrats Women Non Muslims Total Sindh 14 4 4 1 23 Punjab 14 4 4 1 23 K.P.K 14 4 4 1 23 Baluchistan 14 4 4 1 23 Fata 8 Islamabad 2 8 1 1 4 According to the procedure defined by the Election Commission of Pakistan, a total of 168 members from the Sindh Assembly will elect seven members on general seats of the house and two seats reserved for women and technocrats each. In Sindh Assembly a Senator needs 24 votes of members to get elected on general seat. The total number of members in Punjab assembly has been 371, meaning 53 provincial members have to elect one Senator on general seat. In Khyber Pakhtunkhwa, for the total number of 7 general Senate seats, 17 votes will be required in order to win each general seat. The 7 general Senate seats available in Baluchistan assembly, nine votes will be needed from the members to get elected. Half number of the member of the each provincial assembly is needed to get elected. In the same way, for the Federal tribal areas the Electoral College will comprise of a total number of 11 National Assembly members elected from the region. The MNAs of the region elect total eight Senators.