SOCIAL WORK

SOCIAL LEGISLATIN AND SOCIAL ACTION

The word Legislation has been derived from two Latin words, Legis which means law and Lature which means Make. Literally legislation means making law. Social legislation is a response to social problems while maintaining social values. It seeks to help the adaptation and adjustment by providing a framework of behavior and of new values. Social legislation is a generic term used to denote the body of la w to correct specific social and economic maladjustment. Social legislation is the process of law making which is formulated and implemented by competent authority for the improvement in socio-economic conditions of society, protection of human rights, sustainability in the functioning of social institutions, eliminate those factors which are not in favor of society and providing national security for the prosperity of the nation. Social legislation deals not only with present socio-economic conditions of the country but also takes into considerations the future social and economic problems. Social legislation means laws which are designed to raise the standard of living and cultural level of economically depressed people.

Objectives/Significance of Social legislation Social Justice

Social justice means equal opportunities for both privileged and under-privileged groups. Social legislation keeps social justice in the society. It aims at providing equal chances of growth and development to all citizens. Its objective is to distribute the rewards of social development equally amongst all sects, groups and communities.

Recognition of dignity and worth of Human being

In the eyes of law all human beings are equal. Every person has his/her own worth and dignity. While living in a society each persons rights are circumscribed by others duties. The objective of social legislation is to protect the rights of human beings to safeguard their worth and dignity.

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Protection of Marginalized groups

Marginalized groups are widows, orphans, disables, mentally retarded and old citizens. Social legislation protects their rights so that they could lead their lives peacefully.

Instrument of Social change

Through social legislation laws are made for social institutions. These institutions always bring change in a society. Social legislation provides power and proper ways of action to these institutions. In this way social legislation helps to bring about an organized change in the society.

Economic advancement
Economic stability plays an important role in the prosperity of the state. Through competent legislation it declares such policies which make the country strengthen through eradication of poverty, crimes, unemployment and other hinder factors in the way of development.

International Relationship
Legislation decides the rules of relationship with other countries of the world. As we know that no country of the world lived alone without assistance and association of other countries. The importance of the international relationship declares through legislation by which a country makes its progress in different fields of the institutions.

National Security
The freedom of any country in the world is lies on its legal rules and regulations and laws of migration from one country to other country social legislation specify the standards of security and it helps to provide freedom to the people of a society. It protects and safeguards to human rights like protection from slavery and forced labor, protection against rights of inheritance etc.

Poverty prevention
Poverty is one of the major social problem of the developing nations like Pakistan. One of the great cause of raising crimes are in the developing societies is poverty which is the serious issue for the prevention. Social legislation in the fields of Agriculture, Education and Industries is much essential. Proper planning through legislation is the only way to control over rapidly increasing the poverty.
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To Prevent Social Collapse

There are three organs of the state: (i) Judiciary (ii) Executive (iii) Legislature Social legislation helps these organs to enliven the body of society by performing their roles for leading progressively functioning of the institutions and contributing in the national enriching circumstances for every aspect of human life. No social and any other institution functioned accordingly without having any rules and regulations. Rules decide what is the function of the social institution in the demanding situation. In which it offers its services and what is structure of the body of the workers in the institutes.

Eradication of Crimes
Different kinds of crimes raised in the society with the passage of time. The legislation is necessary to declare the laws to eliminate such crimes from the society. If it does not declare the rules and regulations of the newly raised crimes then the set up of the society is completely destroyed. To save the society from harmful situation social legislation is essential so social legislation aims at eradicating all sorts of crimes. Criminals are persons who always disrupt the peace and order of society. To save the society from hands of criminals social legislation develops laws to punish them.

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INFLUENCE OF SOCIAL/POLITICAL INSTITUTIONS IN SHAPING SOCIAL LEGISLATION

Social/Political institutions play a major role not only shaping social legislation but in all matters of Government. Role of political institutions is increasing everywhere in the world with the passage of time. Most of the functions of other institutions are being performed by the political institutions because of their supremacy over other institutions i-e care of the sick people (through hospitalization), education of the children, price fixation, credit facilities, settlement of disputes about property and ownership, land reforms, trade, commerce, transportation, communication, banking, family laws and their implementation fall with the jurisdiction of political institutions. Whenever discussion held about the political institution, it means the Government or State. There are three main branches of the state: (i). Legislature (ii). Executive (iii). Judiciary These three branches of the state are the strong forces which not only make laws but implement these laws and also interpret in different situation. Here, it specially concerned with social legislation i-e Luancy Act 1898, Child Labor Act 1991 etc were enacted after passing by above three branches.

LEGISLATURE (Parliament= National Assembly, Senate)

The chief function of the legislature is to formulate laws (either social legislation or any other legislation). Legislation passes new laws, amendments or reviewing old ones. A law is first presented before the legislature (Parliament) as a bill or a legislature proposal. It goes through several stages of debates and deliberations in the legislature called legislative process. Legislature includes National Assembly and Senate. In case it is accepted by the majority of its members at every stage, it is considered as passed by it. Then it is placed before the head of the state for the signature and it becomes an act or law i-e Family Act 1976 etc.

Executive
The second organ is the Executive. In broad sense, the executive includes all officials of the state from top to bottom level, from presidents to policemen who executes or enforce law and administer the country.

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Executive plays a vital role in the implementation of law. All the social legislation was passed in the past as well as in the present was implemented by the executives i-e The Family law was passed by the legislature to the lower executive. The offender of the law is arrested by the police officer who brings the offender to the magistrate who makes decision according to the situation. Similarly, those mentally abnormal persons who are dangerous for the normal people are arrested by the police and send to the mental-house by the permission of magistrate. Thus, the police department and magistrate who are the executive play their role in shaping Social Legislation.

JUDICIARY
Judiciary is the third organ of the state and a great role in the social legislation. It interprets the law in specific situations. It performs certain functions which are very necessary for the life and pleasures of citizens. It protects rights and liberties of the citizens. Justice is the foundation of a state. The judges and lawyers play a great role in social legislation. For instance, child committed crime in the age of 12 years, according to the Bombay Children Act 1921; the offender is called Juvenile Delinquent. He was arrested by police and was kept in separate prison specify for the juveniles. There are separate courts for these procedures. The lawyers try to give proof in favor of the young offender. Finally, judges make decision according to the situation.

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ACT and ORDINANCE

Act and Ordinance both are legislative documents made for the enactment of laws. Objective of the both are same as to control and eliminate social problems and to welfare for inhabitants. But there are some differences.

ACT
Its literal meaning in legislative context is enactment. It is a legal document codifying the results of deliberations of a committee or society or legislative body. A legislative bill is presented in the parliament. After third reading of bill when 2/3 majority recommends it, that bill becomes an Act and if some objections or amendments in the bill is required during the three readings, after doing those amendments, the bill is again presented in the House for the same procedure.

ORDINANCE
In legislative language simply it is an authoritative rule, a regulation for a limited time span. The ordinance differed from the statute because it did not require the sanction of parliament. When there is an emergency situation in the state or province and the assembly is not in session then to handle that emergency and critical situation. The Governor or the President of the country declares an order which is called an ordinance. After the duration of 120 days it is suspended automatically. It is an immediate but temporary solution of the problem.

Difference between Act & Ordinance

1. Ordinance is the thinking of an individual the President or Governor whereas the Act is authorized by 2/3 majority of the parliament. 2. Ordinance is made when Assembly is not in session whereas Act is presented in Assembly for approval. 3. Ordinance is an immediate but temporary solution of the problem whereas Act is a permanent solution. 4. Ordinance demolish after a specific period of 120 days whereas an Act is forever. 5. Ordinance can be changed into an Act but an Act cannot be shaped in Ordinance.

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ORDINANCE BECOMES AN ACT

When session of assembly is started, ordinance promulgated by the president or governor is presented for confirmation. If 2/3 members of assembly approve, it becomes an Act. Each ordinance is valid for four months (120 days). Before end of the period, it can become an Act with approval of parliament.

Legislation Process in Parliament

It can be see the detailed procedure of legislation in parliament in Article 70-88 of constitution of 1973. National Assembly and Senate both houses of parliament do job of control legislation. All laws made by the parliament have to pass through some essential steps. Every type of social legislation is also done in the some way which it is discussed.

I-

Preparation of Proposal

Specific law, it gets services of experts for written preparation of the proposal according the manifesto of Government. When opposition members or common members in the National Assembly want so, they prepare legislation proposal by using their own resources.

II-

First Reading
After preparation of proposal, it is sent to Speaker of National Assembly. Then it is published and included in official gazette. Unofficial proposal are not placed in official gazette. Moving member presents proposal in the House on day decided by the Speaker of National Assembly. It is called introduction of proposal in House. Then moving person requests Speaker to present proposal for debate in House or to send to committee. After that debate on this proposal is started. If majority of members in Assembly approve, it is send to committee.

III-

Committee
Different committees are formed in National Assembly and Senate to deal with different type of proposals for law making. For example, Education Committee deals with such proposals which are concerned educational matters. Every committee discuss proposal in detail. Committee may take opinion from experts, ministers and

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common citizens. After that committee send the proposal in House for its positive and negative opinion. Committee is not allowed to change the actual proposal.

IV-

Second Reading
This step is considered very important coming back from committee, proposal is discussed in depth with detail. Every member may take part in discussion. After completion of debate, moving person requests Speaker to present proposal for voting. If majority of member favor it, proposal is considerer valid for next step.

V-

Third Reading
Date and time is decided by Speaker of National Assembly for third reading on proposal. At this stage, proposal is not discussed in details. After short debate, members cast votes in favor or opposite to proposal. After approval of majority, proposal is handed over to second house.

VI-

Proposal in Second House

If Senate is the second house, it prepares its decision within three months. If it does not decide in limited period, proposal is considered a Law without its approval. Senate may reject or amend or approve the proposal. If it amends, National Assembly repeats the above procedure. After second approval from National Assembly, proposal is not sent to Senate. It is directly send to President for final signature.

VII-

Approval of President
After approval of proposal from both houses, it is sent to President with the advice of Prime Minister. President keeps power to approve it by signing the proposal or sent back to the houses for revision. If both Houses approve it again, President have to sign it and it becomes an Act.

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On the three occasions since independence when military coups have ended democratic rule in Pakistan the judiciary not only failed to check extra-constitutional regime change, but also endorsed and abetted the consolidation of illegally gained power. The Musharraf government has deepened the judiciarys subservient position among national institutions, ensured that politics trumps the rule of law, and weakened the foundations for democratic rule. Substantial changes in the legislative framework for appointments, promotions and removals of judges, as well as the jurisdiction of the ordinary courts, are needed to restore confidence in the judiciary. But judicial independence from political influence and financial corruption cannot be restored by mere technical, legislative corrections. Reform depends upon a credible commitment by the government to respect the rule of law as much as upon legislated change. Since 1955, Pakistans courts have played a critical political role by reviewing the legitimacy of changes of government. To eliminate potential judicial challenges, the present military government, like previous ones, has devised ways to keep the judiciary weak. The executive exercises control over the courts by using the system of judicial appointments, promotions and removals to ensure its allies fill key posts. In the immediate aftermath of the October 1999 coup, the judiciary was purged of judges who might have opposed the militarys unconstitutional assumption of power. The purge was accomplished by requiring judges to take an oath to President Musharrafs Provisional Constitutional Order an oath that required judges to violate oaths they had all previously taken to uphold the 1973 Constitution. Fear that another oath will be used to remove more judges now limits the benchs freedom. Moreover, new judges must be wary because the executive can remove them after one or two years by declining to confirm their appointments. Political allies now fill key judicial positions, particular the posts of Chief Justice of the Lahore and the Sindh High Courts. The Chief Justices of High Courts wield critical administrative powers over the allocation of cases to judges and the assignment of judges to courts across a province. The executives power, via certain Chief Justices, to direct a case to pliant judges undermines lawyers and litigants expectation of a fair trial when the executive is a party. The executive also has improper influence over the electoral process via certain Chief Justices because the latter appoint the returning officers for elections from among the ranks of the subordinate judiciary. Compromised by this political chicanery, the superior judiciary is unable to address creeping financial corruption within its own ranks. Dysfunction in the superior judiciary also impedes reform in the subordinate judiciary, which comprises the trial courts in which the mass of ordinary judicial business is transacted. Appalling under-resourcing and endemic corruption in the subordinate judiciary lead to agonising delays in the simplest cases and diminish public confidence in the judiciary and the rule of law.

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In some subject-areas and in some territories, the government simply bypasses the ordinary courts by establishing parallel judiciaries. Since August 1947, the Federally Administered Tribal Areas (FATA) and the Northern Areas have had sui generis legal systems, more or less independent of Pakistans ordinary judiciary. Little justification exists, as even the government seems to recognize, for the essentially colonial regimes preserved in these enclaves. Further, in 1997 and 1999 respectively, the government established separate anti-terrorism and accountability courts. Those tribunals contain procedural shortcuts that make them too attractive to overzealous police and prosecutors. In the absence of a government visibly committed to following constitutional ground-rules and statutory laws, judges will continue to lack security of tenure and necessarily will make decisions with an eye to the governments agenda. RECOMMENDATIONS To the Government of Pakistan: 1. Establish, by proposing and urging adoption of a constitutional amendment, a transparent system of judicial appointments to the High Courts that expands accountability for such appointments beyond the executive and Chief Justices to include parliamentarians and bar councils and associations; prior to the adoption of such an amendment, involve the bar and parliamentarians in public discussions of candidates for posts on the High Courts. 2. End deviations from the seniority rule in the promotion of High Court judges to the posts of Chief Justice, establish by statute a seniority rule for promotions from the High Courts to the Supreme Court, and when filling vacancies on the High Courts and Supreme Court, promote female judges who are qualified candidates under the seniority rule. 3. End the practices of not confirming additional judges and of awarding government positions to retired judges; establish public audits of all members of the superior judiciary and close family members to ensure that only statutory benefits are awarded and corruption is avoided. 4. End the practice of selectively offering new oaths to judges, and renounce publicly the use of the judicial oath as a mechanism for purging the judiciary. 5. Institute new internal administrative mechanisms for the prevention of corruption and the removal of corrupt High Court judges, with oversight from a judicial commission that includes members of the bars and parliamentarians, and ensure that women and minorities are adequately represented in these mechanisms.

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6. Institute administrative reforms that curtail Chief Justices power over the assignment of cases and of judges, and establish professional, managerial divisions within the courts to fulfill this task. 7. Absorb the anti-terrorism and accountability courts into the ordinary judiciary, jettisoning procedural variations in bail, plea-bargaining, and the physical circumstances of trials that presently characterize those proceedings. 8. Institute courts within Pakistans ordinary judicial hierarchy, with review in the Peshawar High Court and the Supreme Court, for the FATA, and conform courts jurisdictions, judges tenure and judges privileges in the judiciary of the Northern Areas, including the new Court of Appeals, to practices in the ordinary courts. 9. Endeavor to ensure that judicial decisions at all levels respect international human rights, including the rights of women, and make efforts to eliminate traditional and religious practices imposed by tribal and village councils that are harmful to women. To the United States, the European Union, and Other Members of the International Community: 10. Treat the independence of the judiciary, in particular the manipulation of appointments, promotions and removals in the superior judiciary, as a measure of democratic development in Pakistan. 11. Call upon the government of Pakistan to cease manipulation of the appointment and promotion of judges, and to commit to ending the practice of purging the bench through new oaths. To the Asian Development Bank and Other Donor Agencies: 12. As a policy condition for further tranches of the structural adjustment loan under the Access to Justice Program, insist on reform of the appointments and promotions system for the superior judiciary and a strict adherence to the seniority rule for promotions. 13. Introduce measures to identify and remove from the superior and subordinate courts those judges engaged in financial corruption. 14. Promote meaningful in-service judicial training on gender sensitization and the treatment in court of religious minorities, in particular Ahmadis and Christians, and press the government to implement reserved seats for women in key subordinate and superior judiciary positions.

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SOCIAL LEGISLATIN AND SOCIAL ACTION Structure& Jurisdictions of courts in Pakistan

Supreme Court of Pakistan (Apex court) Federal Shariat Court of Pakistan High Courts of Pakistan (one in each province and also in federal capital) District Courts of Pakistan (one in each district) Judicial Magistrate Courts (with power of Section 30 of Cr.PC only in criminal trials) Judicial Magistrate Courts (in every town and city) Executive Magistrate Courts (Summary trial court) Courts of Civil Judge (judges with power of 1st class and 2nd class cases) Supreme Court Of Pakistan

The Supreme Court (Urdu: )is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court is made up of 17 permanent judges, and has a permanent seat in Islamabad. Cases are also heard in its Branch Registries in the provincial capitals of Lahore, Peshawer, Quetta and Karachi. It has a number of de jure powers which are outlined in the Constitution, including appellate and constitutional jurisdiction, and power to try Human Rights matters. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. The Supreme Court Judges are supervised by the Supreme Judicial Council, which may hear complaints brought against any of them. Federal Shariat Court of Pakistan The Federal Shariat Court of Pakistan was established by presidential order in 1980 with the intent to scrutinize all laws in the country that are against Islamic values. This court has a remit to examine any law that may be repugnant to the "injunctions of Islam, as laid down in the Holy Quran and the Sunnah." If a law is found to be 'repugnant', the Court is to provide notice to the level of government concerned specifying the reasons for its decision. The court also has jurisdiction to examine any decisions of any criminal court relating to the application of Islamic (hudud) penalties. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of the Federal Shariat Court. The Federal Shariat Court of Pakistan consists of 8 muslim judges including the Chief Justice. These Judges are appointed by the President of Pakistan, after decision is made by the Judicial Committee consisting the Chief Justice of Pakistan (Federal Shariat Court) and the Chief Justice of Pakistan . They choose 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. Presently Justice Agha Rafiq Ahmed Khan is the Chief Justice of FSC. Of the 8 judges, 3 are required to be Islamic Scolars/Ulema who are well versed in Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President.
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The FSC, on its own motion or through petition by a citizen or a government (federal or provincial), has the power to examine and determine as to whether or not a certain provision of law is repugnant to the injunctions of Islam. Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If a certain provision of law is declared to be repugnant to the injunctions of Islam, the government is required to take necessary steps to amend the law so as to bring it in conformity with the injunctions of Islam. The court also exercises revision 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. High Courts There is one High Court in each Province, and one in the federal capital, Islamabad, including:

Lahore High Court, Lahore, Punjab Sindh High Court, Karachi, Sindh Peshawar High Court, Peshawar, Khyber Pakhtunkhwa Balochistan High Court, Quetta, Baluchistan Islamabad High Court, Islamabad, ICT

The High Courts are the appellate courts for all civil and criminal cases in each respective province. The High Courts' general authority is laid out in the Constitution of Pakistan, 1956, Article 170, which reads: "Notwithstanding anything contained in Article 22, each High Court shall have power throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases any Government directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of any of the rights conferred by Part II and for any other purpose. District & Sessions Courts District courts exist in every district of each province, and have civil and criminal jurisdiction. In each District Headquarters, there are numerous Additional District & Session Judges who usually preside the courts. District & Sessions Judge has executive and judicial power all over the district under his jurisdiction. The Sessions court is also a trial court for heinous offences such as Murder, Rape (Zina), Haraba offences (armed robbery where specific amount of gold and cash is involved), and is also appellate court for summary conviction offences and civil suits of lesser value. Each Town and city now has a court of
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Additional District & Sessions judge, which possess the equal authority over, under its jurisdiction. When hearing criminal cases, it is called the Sessions Court, and when it hears civil cases, the District Court. Executive matters are brought before the relevant District & Sessions Judge.

The High Court of each province has appellate jurisdiction over the lower courts. The Supreme Court has exclusive jurisdiction over disputes between and among provincial governments, and appellate jurisdiction over High Court decisions.

Daily proceedings in the Court of the Additional District & Sessions Judge Court usually starts early in the morning (at 08:00), with the hearing of pre-arrest bail applications, followed by post-arrest bail applications and civil appeals from the orders of the Judicial Magistrates' Courts and civil Judges. Decisions are usually announced later in the day, once the Judge has had time to peruse the case files after the hearings. The rest of the day is allocated for the recording of the Evidence in sessions cases such as in offences murder, rape and robbery etc. Cases are usually allotted by administrative orders of District and Sessions Judges. The Court of the District & Sessions Judge usually hears administrative applications against lower courts orders. Civil Judge Cum Judicial Magistrates' Courts In every town and city, there are numerous Civil and Judicial Magistrates' Courts. A Magistrate with the powers of section 30 of Criminal Procedure Code (Cr.P.C.) has the jurisdiction to hear all criminal matters other than those which carry the death penalty (such as attempted murder, dacoity, robbery, extortion, etc.), but may only pass a sentence of up to seven years' imprisonment. If the court thinks accused deserves more punishment than seven years in jail, then it has to refer the matter to a higher court, with its recommendations to that effect. Every Magistrates' Court is allocated a local jurisdiction, usually encompassing one or more Police Stations in the area. Trial of all non bailable offences, including police remand notices, accused discharges, arrest and search warrants, and bail applications, are heard and decided by Magistrate Courts. Most Judicial Magistrates may hear civil suits as well. If they do so, they are usually called a Civil Judge Cum Judicial Magistrate. Special Tribunals and Boards There are numerous special tribunals such as;

Banking Courts Services Tribunals Income Tax Tribunals

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Anti Corruption Courts Anti Narcotics Courts Anti terrorist Courts Labour Relations Court Board of Revenue. Special Magistrate courts Consumer Courts

Almost all judges of above mentioned courts and tribunals except last two, are of District & sessions Judges or of having same qualifications. Family Courts The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. These courts have exclusive jurisdiction over matters relating to personal status. Appeals from the Family Courts lie with the High Court only.Every town and city has court of family judge.In some areas, where it is only Family Court but in most areas Civil Judge Courts have been granted the powers of Family Court Judges. Juvenile Courts Section 4 of the JJSO authorizes the Provincial Government to establish one or more juvenile courts for any local area within its jurisdiction, in consultation with the Chief Justice of the high court. Ten years have passed, and not a single such court has been established; and instead the High Courts have been conferring status of the juvenile courts on the existing courts. The High Courts cannot be doing this on their own, and must be instructed by the provincial governments to do so. In this era of independent judiciary, the High Courts should standup against the governments on this issue and refuse to confer powers on the already over-burdened courts and instead should insist upon establishing exclusive juvenile courts. Section 6 of the JJSO prescribes special procedure for the juvenile courts which involves issues like not ordinarily taking up any other case on a day when the case of a child accused is fixed for evidence on such day; attendance of only specified persons in the court; and dispensing with the attendance of the child in the trial.

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Appointments of Judges Supreme Court of Pakistan Prior to 18th Constitutional Amendments, appointments to the Supreme Court of Pakistan were made by the President of Pakistan, on the recommendation of the Chief Justice of the Supreme Court. This system bred many allegations of favouritism. Many judges who were appointed were relatives of other Judges or Government officials. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. Under the terms of this judgement, the Government and the President's office were bound to act on the recommendations of the Chief Justice of Pakistan. After the 18th Constitutional Amendment in May 2010, a new Judicial Commission and Parliamentary committee is established for appointments. The Judicial Commission consists of the Chief Justice of Pakistan,four senior judges of the Supreme Court, the Attorney General of Pakistan, and the Federal Justice Minister of Pakistan,one member from Pakistan Bar Council. A Parliamentary Committee oversees the recommendations of the Judicial Commission. At the Commission's first meeting, the Chief Justice and the Registrar of the Supreme Court of Pakistan are appointed Chairman and Secretary of the Judicial Commission, respectively. [edit] High Courts In Appointments to the High Courts, the same procedure as in Supreme Courts appointments is adopted Prior to 18th Constitutional Amendment, High Court appointments suffered much the same criticisms as those to the Supreme Court. Future appointments will be made in the same manner as those to the Supreme Court. District & Sessions Judges Additional District & Sessions Judges are appointed by the Provincial High Courts, from a pool of Lawyers and subordinate judges. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. They must also pass an examination conducted by the High Courts. Subordinate judges are promoted from senior civil judges on a seniority basis. Civil Judge Cum Judicial Magistrate Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. These Commissions hold open competitive exams annually, which are advertised in national newspapers. The basic qualifications required are an LL.B from any recognized university, and three years' experience as an advocate in the jurisdiction in question. The exams include various
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compulsory papers. For example, the Punjab Public Service Commission sets compulsory papers on English Language & Essay, Urdu Language & Essay, Islamic Studies, Pakistan Studies, General Knowledge (objective test), Criminal Law, Civil Law 1 & 2, and General Law. All candidates who pass the examinations are given a psychological test. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments.

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