Jurisdiction of the judiciary
FROM ISSUE #436 (30 JAN 2009 – 05 FEB 2009)
The judiciary shall uphold democratic rights and norms and have the prime responsibility of maintaining rule of law and the supremacy of constitution. There shall be a supreme court at the centre, while appellate and other courts at the centre and provinces shall be provisioned as per a future federal structure.
The judiciary shall not only be independent and accountable but also competent and impartial. The judiciary will stand for justice with prevailing liberal interpretation of the justice system.
The judges shall be appointed by public hearing process through parliament. The appointment of judges shall be recommended on the basis of qualification and their contribution to the field. The constitution shall have a provision for the parliament to impeach judges and decide on it.
To guarantee impartiality, timely and convenient service delivery, a timetable will be provided for the courts to issue a verdict for a case filed.
With full commitment to independent judiciary, the justice system shall be made accountable to the people as per democratic norms and values. The justice system shall be restructured with a three-tier court?the supreme court at the centre, high court in the provinces and a district court at the district level. There shall be public courts and reconciliation centres under the district courts.
The Supreme Court shall be developed as a court which can interpret serious legal issues, constitutional issues, inter-province issues and issues regarding the distribution of national resources and their use. High courts shall be made effective by granting them residual powers.
The independent judiciary shall be developed as a constitutional body. The Supreme Court will have the right to validate constitutionality. There shall be three-tier judiciary at the centre, provinces and local level as per the federal structure. The judiciary shall be made accountable and public service-oriented. Appointment of judges shall be made by an independent body as specified in the constitution. The parliament appoints judges through parliamentary hearing.
The judiciary shall remain as an independent constitutional body. As per the federal structure, the judicial system shall have three tiers?Supreme Court, provincial courts and district courts. The Supreme Court shall have the right to interpret the constitution. There shall be criminal, legal, revenue and consumer courts under the concept of community and convenience courts.
The Supreme Court shall be the highest court. There shall be constitutional supremacy and rule of law. The constitutional supremacy shall be inviolable. There shall be a Supreme Court, provincial and district courts.
The Supreme Court shall decide on the debate concerning the centre and provinces and constitutional issues. Each province shall have its own court. There shall be district courts under the provincial court. The Supreme Court can constitute labour courts, consumer courts, women’s courts and others as per required.
There shall be four-tier courts with a federal Supreme Court, provincial high courts, regional courts and local courts. The head of the state shall appoint the chief justice of federal Supreme Court and judges of provincial high court on recommendation of the conditional council. Elected judges shall be appointed on the recommendation of the central judiciary council by the head of state.
The Supreme Court shall have 25 per cent judges through election and 75 per cent based on experience and promotion. Except those elected judges in provincial high court and regional courts, the head of the state shall appoint other judges on recommendation of provincial judiciary council and regional judiciary council.