The judiciary in Pakistan

Supreme Court of Pakistan

• The apex court of appeal from the High Courts in civil and criminal cases (Article 185).
• Advisory jurisdiction on questions referred by the President (Article 186).
• Power to review its own judgments (Article 188).
• Its decisions bind all other courts (Article 189).
• Headed by the Chief Justice of Pakistan.

Recent constitutional changes

• The Twenty-sixth Amendment (2024) changed the appointment of the Chief Justice of Pakistan, now chosen by a special parliamentary committee from the three senior-most judges, reconstituted the Judicial Commission, and created constitutional benches.
• The Twenty-seventh Amendment (2025) created the Federal Constitutional Court to decide constitutional matters and disputes between governments, taking over much of the constitutional jurisdiction previously exercised by the Supreme Court.

Federal Shariat Court (1980)

Examines whether laws are repugnant to the injunctions of Islam (Article 203D), and hears appeals in hudood cases. In April 2022 it ordered the elimination of riba (interest) from the economy.

High Courts

• One in each province and one for Islamabad (Lahore High Court, Sindh High Court, Peshawar High Court, Balochistan High Court, Islamabad High Court).
• Writ jurisdiction under Article 199: habeas corpus, mandamus, prohibition, certiorari and quo warranto.
• Hear appeals from district courts and supervise subordinate courts.

Subordinate (lower) courts

• District and Sessions Judges and Additional District and Sessions Judges: civil and serious criminal cases.
• Senior Civil Judges and Civil Judges-cum-Judicial Magistrates: civil suits and minor criminal cases.
• Special courts: family, banking, anti-terrorism, accountability, consumer and customs courts.
• Tribunals: service tribunals (Article 212), labour, tax and environmental tribunals.

Challenges

• Over two million pending cases.
• Delays, costs and complex procedures.
• Shortage of judges and support staff.
• Controversies over appointments and relations with the executive.

Way forward

• More judges and e-courts.
• Case management and alternative dispute resolution.
• Transparent, merit-based appointments.
• Legal aid and simplified procedures.

Conclusion

An independent, efficient judiciary at every level is essential to multi-level governance, protecting citizens' rights and resolving disputes between governments.