Editing Politics of Pakistan (section)

==Judicial Branch==
The judiciary includes the [[Supreme Court of Pakistan|Supreme Court]], provincial high courts, District & sessions Courts, Civil and Magistrate courts exercising civil and criminal jurisdiction.<ref name="criminal court system">{{cite web|url=http://www.acclawyers.org/resources/pakistan/ |archive-url=https://web.archive.org/web/20110724220231/http://www.acclawyers.org/resources/pakistan/ |url-status=usurped |archive-date=24 July 2011 |title=Pakistani criminal court system |publisher=Association of Commonwealth Criminal Lawyers |access-date=24 December 2010}}</ref> Some federal and provincial courts and tribunals such as Services court, Income tax & excise court, Banking court and Boards of Revenue's Tribunals are as well established in all provinces.

===Supreme Court===
In reference of ARTICLE 175 (A) APPOINTMENT OF JUDGES
<ref>{{Cite web |url=http://www.supremecourt.gov.pk/web/page.asp?id=432 |title=Article 175 (A) Appointment of Judges |access-date=18 July 2017 |archive-url=https://web.archive.org/web/20171201041937/http://www.supremecourt.gov.pk/web/page.asp?id=432 |archive-date=1 December 2017 |url-status=dead }}</ref>

The Supreme Court has original, appellate, and advisory jurisdiction.

(1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.

(2) For appointment of Judges of the Supreme Court, the Commission shall consist of---

(i) Chief Justice of Pakistan; Chairman 
(ii) [four] most senior Judges of the Supreme Court;Member 
(iii) a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the [four] member Judges, for a term of two years; Member 
(iv) Federal Minister for Law and Justice;Member 
(v) Attorney-General for Pakistan; and Member 
(vi) a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years.

(3) Now withstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.
The chief justice and judges of the Supreme Court may remain in office until age sixty-five: now 68 years and this is also another clause of seventeenth amendment.

===Federal Shariat Court of Pakistan===

The [[Federal Shariat Court]] (FSC) of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Of the eight judges, three are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of three years, which may eventually be extended by the President.
Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of three Muslim judges of the Supreme Court and two Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take the necessary steps to amend such law appropriately.
The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.
Ever since its establishment in 1980, the Federal Shariat Court of Pakistan has been the subject of criticism and controversy in society. Created as an Islamisation measure by the military regime and subsequently protected under the controversial 8th Amendment, its opponents question the very rationale and utility of this institution. It is stated that this court merely duplicates the functions of the existing superior courts and also operates as a check on the sovereignty of Parliament. The composition of the court, particularly the mode of appointment of its judges and the insecurity of their tenure, is taken exception to, and it is alleged, that this court does not fully meet the criterion prescribed for the independence of the judiciary. That is to say, it is not immune to pressures and influences from the Executive.
In the past, this court was used as a refuge for the recalcitrant judges. And whereas some of its judgments, particularly the ones which rely on the Islamic concept of equity, justice and fair play, expanded and enlarged the scope and contents of individual's rights were commended, others that tend to restrict the rights of women, are severely criticised and deplored.

===Provincial High Courts===
In every province, there is one High Court. Currently all four provinces [[Punjab (Pakistan)|Punjab]], [[Sindh]], [[Khyber Pakhtunkhwa]] and [[Balochistan (Pakistan)|Balochistan]] have High courts, respectively called [[Lahore High Court]], [[Sindh High Court]], [[Peshawar High Court]], and [[Balochistan High Court]]. After the approval of [[Eighteenth Amendment to the Constitution of Pakistan|18th Constitutional Amendment]] in April 2010, a new High court is established at Federal Capital Islamabad with the name of [[Islamabad High Court]]. In 18th Amendment, judges appointments are proposed by a Parliamentary Commission. Judges of the provincial high courts were, previously appointed (The [[Seventeenth Amendment to the Constitution of Pakistan|seventeenth amendment]] give these powers to the president, previously Prime minister exercised them) by the president after consultation with the chief justice of the Supreme Court, as well as the governor of the province and the chief justice of the high court to which the appointment is being made. High courts have original and appellate jurisdiction.

In addition, there are special courts and tribunals to deal with specific kinds of cases, such as drug courts, commercial courts, labour courts, traffic courts, an insurance appellate tribunal, an income tax appellate tribunal, and special courts for bank offences. There are also special courts to try terrorists. Appeals from special courts go to high courts except for labour and traffic courts, which have their own forums for appeal. Appeals from the tribunals go to the Supreme Court.

===Ombudsman/Mohtasib===
A further feature of the judicial system is the office of Mohtasib (Ombudsman), which is provided for in the constitution. The office of Mohtasib was established in many early Muslim states to ensure that no wrongs were done to citizens. Appointed by the president, the Mohtasib holds office for four years; the term cannot be extended or renewed. The Mohtasib's purpose is to institutionalise a system for enforcing administrative accountability, through investigating and rectifying any injustice done to a person through maladministration by a federal agency or a federal government official. The Mohtasib is empowered to award compensation to those who have suffered loss or damage as a result of maladministration. Excluded from jurisdiction, however, are personal grievances or service matters of a public servant as well as matters relating to foreign affairs, national defence, and the armed services. This institution is designed to bridge the gap between administrator and citizen, to improve administrative processes and procedures, and to help curb misuse of discretionary powers.

Pakistan has been ruled by both democratic and military governments. The first decade was marred with political unrest and instability, with frequent collapses of civilian democratic governments that eventually led to the 1958 military coup. From 1947 until now, Pakistan has been governed by various of both right-wing conservative governments and left-wing socialistic oriented governments, while neither far-right and far-left had failed to achieve enough majority to claim the exclusive mandate. From 1947 to 1958 as many as seven Prime Ministers of Pakistan either resigned or were ousted. On 7 October 1958 Pakistan's civilian and first President Iskander Mirza in collaboration with General Mohammad Ayub Khan abrogated Pakistan's constitution and declared Martial Law.

General Ayub Khan was the president from 1958 to 1969, and General Yahya Khan from 1969 to 1971, Chief Justice Habib Khan Marvath elected first Chairman Senate of Pakistan. Civilian, yet socialist-oriented autocratic, rule continued from 1972 to 1977 under [[Zulfikar Ali Bhutto]], but he was deposed by General Zia-Ul-Haq. General Zia was killed in a plane crash in 1988, after which Benazir Bhutto, daughter of Zulfikar Ali Bhutto, was elected as the Prime Minister of Pakistan. She was the youngest woman ever to be elected the Head of Government and the first woman to be elected as the Head of Government of a Muslim country. Her government was followed by that of Nawaz Sharif, and the two leaders alternated until the military coup by General Pervez Musharraf in 1999. From the resignation of President Rafiq Tarar in 2001, to his own resignation in 2008, Musharraf was the President of Pakistan. In 2008, Asif Ali Zardari was elected president.