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PAKISTAN
Islam-i Jamhuriya-e Pakistan (The Islamic Republic of Pakistan)
I. COUNTRY PROFILE (Common Law)
Pakistan is a constitutionally-based parliamentary democracy that became independent in
1947. Pakistan’s official language is Urdu.
The Constitution of 1973, amended substantially in 1985, was suspended in October 1999.
It was restored on December 31, 2002. The Constitution outlines Pakistan’s governmental
structure.
The Pakistani Constitution provides that the President is the head of state and the Prime
Minister is the head of Government. Both must be Muslims. The President, who must be a
member of the National Assembly, is elected to a five-year term by an electoral college
consisting of Members of both houses of Parliament and Members of the Provincial Assemblies.
The Prime Minister is selected by the National Assembly and serves a four-year term.
The bicameral Parliament (Majlis-e-Shoora) consists of the Senate, whose 100 Members
are indirectly elected by the Provincial Assemblies to four-year terms, and the National
Assembly. Sixty of the 342 Members of the National Assembly must be women and ten must be
minorities. All Members are directly elected by the people to four-year terms.
The judicial system is composed of a Supreme Court, Provincial High Courts, and
Federal Islamic (or Shari'a) Court. The Supreme Court is Pakistan's highest court. The President
appoints the Chief Justice and together they determine the other judicial appointments. The
Supreme Court may, upon the filing of a proper petition, determine whether a law or provision is
repugnant to Islam based on the teachings of the Holy Qur’an and the Sunnah of the Prophet
Muhammad. Each Province has a High Court, the justices of which are appointed by the
president after conferring with the Chief Justice of the Supreme Court and the Provincial Chief
Justice.
Despite the country’s common law roots, both pre- and post-independence legislation has
been codified and compiled in the Pakistan Code. Under the Constitution, the government of
Pakistan is obligated to bring all laws into conformity with Islam. To achieve this objective,
many statutes based on Islamic injunctions have been enacted.
Each Province is headed by a Governor and Provincial Cabinet, all of whom are
appointed by the chief executive. The Northern Areas and Federally Administered Tribal Areas
are administered by the federal government but enjoy considerable autonomy.
Internet Resource:
Government of Pakistan
http://www.pakistan.gov.pk/
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