Lahore University of Management Sciences

Law 102 – Introduction to Pakistan Legal System

Summer 2018


Instructor Marva Khan
Room No. 1-10
Office Hours TBA
Email marva.khan@lums.edu.pk
Telephone -
Secretary/TA -
TA Office Hours -
Course URL (if any) -

Course Basics
Credit Hours 3
Lecture(s) Nbr of Lec(s) Per Week 4 Duration 75 minutes
Recitation/Lab (per week) Nbr of Lec(s) Per Week N/A Duration -
Tutorial (per week) Nbr of Lec(s) Per Week N/A Duration -

Course Distribution
Core BA/LLB
Elective Non-Law students
Open for Student Category All
Close for Student Category None

Grade Breakup
Attendance and Class Participation: 10%
Quizzes: 15%
Presentation: 15%
Mid-Term Exam: 25%
Final Exam: 35%

COURSE OBJECTIVES
This course provides an introduction to the legal system of Pakistan. The course shall include an overview of the Constitutional and statutory
provisions to help students understand how the state machinery derives legitimacy from the Constitution; discern the various rights and remedies
available to citizens in Pakistan under domestic laws, and also help them learn about the rudimentary procedural laws pertaining to civil and
criminal trials.

In order to provide a better understanding of the current system, the first module of the course pertains to a discussion about the constitutional
genesis of the Country, including the constitutional politics surrounding the 1956 and 1962 Constitutions and their respective features; leading up
to the promulgation of the Constitution of Islamic Republic of Pakistan, 1973 (the “Constitution”).

In light of this historical background, the second module of the course entails a discussion of the Federal and Provincial structure of Pakistan; the
relation of the Provinces with the Federation; and the structure and powers of the Constitutional Courts in the country, that is, the Supreme
Court, High Courts and the Federal Shariat Court.

The third module is aimed at making the students understand the basic rights available under Pakistan’s legal system, along with their respective
remedies and procedures. For this, this section of the course will provide a comprehensive overview of the Fundamental Rights and the Principles
of State policy prescribed in the Constitution. Furthermore, it also entails a description of the structure of the lower courts of Pakistan, along with
outlining the substantive and procedural elements pertaining to criminal and civil trials in the country.

The course will conclude with an overview of the Constitution, by presenting the evolution of the Constitution since 1973 by a general perusal of
constitutional amendments to date, along with an analysis of the legal and socio-political setting of the legal system in Pakistan.


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The students will be encouraged to critically engage with the course material. This objective shall be furthered via group presentations, in which
the students shall be expected to critically analyze and present the assigned material. The course outline also provides recommended readings for
several sessions. While the recommended readings are not compulsory, the students are strongly advised to cover them in order to enhance their
understanding of, and increase their grasp on the respective topics, especially students who shall be presenting during the assigned session.


Examination Detail

Yes/No: Yes
Combine Separate: Separate
Midterm
Duration: In class
Exam
Preferred Date: Session 14
Exam Specifications: Objective


Yes/No: Yes
Combine Separate: Separate
Final Exam
Duration: TBA
Exam Specifications: Objective and subjective questions.


COURSE OVERVIEW
Lecture/ Recommended
Topics Required Readings
Module Readings Study Objectives
MODULE 1: HISTORICAL BACKGROUND
Introduction of basic
legal concepts including
the distinction between
private and public law;
the concept of a
Introduction to the course;
A. K. Brohi: Constitutional Law of written constitution
Session 1 familiarization with legal concepts
Pakistan (pages 3-6, 13-18, 55-58,70-71) and its emergence;

three organs of the
state and separation of
powers; and notion of
Pakistan as a federal
republic.
th
Quaid-e-Azam’s speech of 11 August, Overview of the varying
Speeches by
1947; ideologies pertaining to
th Maulana
Liaquat Ali Khan’s speech of 7 March the conception of
Shabbir Ahmad
Session 2 Conception of the Pakistani State 1949 [including Preamble to the Pakistan; and an
Osmani; and
Constitution (Objectives Resolution)]; introduction to the
Mian
Speeches of Bhupendra Kumar Dutta; Dr Objectives Resolution.
Iftikharuddin.
Ishtiaq Husain Qureshi.
Constitutional politics
at the time of
Independence; brief
Paula Newberg: Judging the State –
overview of the
Session 3 Constitutional evolution of Pakistan Courts and constitutional politics in
Government of India
Pakistan (pages 35-42)
Act 1935, and the
Independence Act,
1947.
Constitutional evolution of Pakistan G. W. Choudhury: Constitution of S. Kaushik: Discussion of the
Session 4 (contd.) Pakistan; Constitution of features of the 1956
D. P. Singhal: The New Constitution of Pakistan at work and 1962 Constitutions
 Lahore University of Management Sciences
Pakistan; (pages 384-385). of Pakistan; and a
Articles 1-7 of the Constitution. discussion on the
preliminary provisions
of the 1973
Constitution.
MODULE 2: STATE STRUCTURE AND FUNCTIONALITY
Introduction to the
President’s office,
including election
procedure; discussion
Articles 41-49; 50-63A; 68, 89 of the Articles 64-67,
of the composition,
President and Majlis-e-Shoora Constitution; 69 of the
Session 5 nd duration, meetings of
(Parliament) 2 Schedule of the Constitution. Constitution.
the Majlis-e-Shoora,
and the qualifications
and disqualifications of
its members.
Discussion of the
rd legislative procedure
Articles 55, 70-77 of the Constitution; 3 Schedule of
prescribed in the
Session 6 Federal legislation Sections 1-6 of the Pakistan Citizenship the
Constitution, to be
Act, 1951. Constitution.
followed in the Majlis-
e-Shoora.
Understanding the
provincial machinery,
including the
governor’s office, and
rd the constitution and
Provincial legislation; Relations Articles 55, 101-117, 127-128, and 141- 3 Schedule of
functionality of
Session 7 between the Federation and the 144 of the Constitution; the
th provincial assemblies. It
Provinces 4 Schedule of the Constitution. Constitution.
is recommended that
students read the oaths
for the respective posts
rd
provided in the 3
Schedule.
Session 8 Quiz 1
Further discussion
about the Objectives
Resolution’s role after
Articles 2A, 4, 8, 227, 232, 233 of the the promulgation of
Constitution; Article 2A; and an
Repugnancy of laws qua Fundamental
Session 9 J. (R) Fazal Karim: Judicial Review of analysis of laws
Rights, the Constitution and Shariah
Public Actions, Vol.1 (pages 29-46,575- inconsistent with
586). Quran, Sunnah and
Fundamental Rights
which may be
repugnant.
Additional discussion
about the federal and
provincial government
machinery, with
Federal and provincial structures and
particular emphasis on
their respective administrative Articles 90-100, 129-140A, 145-152, 238-
Session 10 their relations with
relations; the Attorney General and 239, 57, 111 of the Constitution.
each other;
Advocate General
introduction to the
procedure of
constitutional
amendments.
 Lahore University of Management Sciences
Discerning the structure
of the superior courts,
including the Supreme
Court, High Courts, and
Complete the Federal Shariat
Articles 175-183, 192-198, 203A-D,F,
judgment on Court, along with the
209-211 of the Constitution;
th th st Military Courts their respective
18 , 19 and 21 Amendments (w.r.t.
available at < jurisdictions,
judicial appointments);
Session 11- Judicial system under the Constitution file:///C:/Users/ appointment of judges
J. (R) Fazal Karim: Judicial Review of
12 and the advent of military courts marva.khan/Doc and role of the
Public Actions, Vol.1 (pages 104-105);
uments/PLS/Mili Supreme Judicial
Judicial system of Pakistan (pages14-
tary%20Courts% Council. This session
20).
20Judgement.p will also provide a
st
df>. purview of the 21
Constitutional
Amendment and the
advent of military
courts in Pakistan.
This session use the
base set by the
judgment discussed in
J. (R) Fazal Karim: Judicial Review of
Session 13 Judicial review the previous class in
Public Actions, Vol.1 (pages 3-16)
order to help students
learn the power of
judicial review.
Session 14 In class mid-term exam
MODULE 3: RIGHTS, REMEDIES & PROCEDURES
Synopsis of
Fundamental Rights, in
light of those
enumerated in the
Chapters 1 and 2 of the Constitution
Constitution; a
Session 15- Fundamental Rights and Principles of (Articles 8-40);
discussion on the
16 State Policy J. (R) Fazal Karim: Judicial Review of
content of the
Public Actions, Vol.1 (pages 545-554).
Principles of State
Policy, and how they
are distinct from
Fundamental Rights.
Overview of the
original, appellate and
advisory jurisdictions of
J. (R) Fazal Karim: Judicial Review of
the Supreme Court, the
Public Actions, Vol.2 (pages 1158-1182);
Session 17 Constitutional remedies jurisdiction of the High
Articles 199, 184-191, 201, 202, 204 of
Court and its role with
the Constitution.
respect to the
subordinate courts in
Pakistan.
Judicial system of Pakistan (pages 21- Examination of the
28); subordinate court
J. (R) Fazal Karim: Access to Justice in structure in Pakistan,
Pakistan (pages 167-169, 225-230); along with a basic
Session 18- Statutory remedies I: Substantive
Sections 1-5, 24-25, 34-35, 53-55A, 65, understanding of the
19 criminal laws
69, 76-110, 359-364 of the Pakistan operation of criminal
Penal Code, 1860; cases, including
Brief overview of Qanun-e-Shahadat evidence and burden of
Ordinance and CrPC. proof.
Session 20- Statutory remedies II: Substantive civil [Refer to the court structure provided in Similar to the


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21 laws readings for session 11-12]; discussions in the
J. (R) Fazal Karim: Access to Justice in previous two sessions,
Pakistan (pages 365-378); the students will learn
Brief overview of substantive civil law the structure of civil
statutes in Pakistan including the courts in Pakistan,
Contract Act, the Transfer of Property along with
Act; understanding the
Brief overview of the CPC, and the procedure pertaining to
Arbitration Act. civil trials.

J. (R) Fazal Karim: Access to Justice in
Pakistan (pages 315-332);
Articles 185, 203F, 203DD of the
st
Constitution; 1 Schedule to
Appeal, revision, review, arbitration, Sections 96, 100, 107, 109, 114-115 of the Limitation
Session 22
time bars the Code of Civil Procedure; Act, 1909.
Sections 410, 411A, 412-414, 417, 423 of
the Criminal Procedure Code;
Sections 13-19 of the Arbitration Act,
1940.
Session 23 Quiz 2
Full report on
NAB, available
at <
http://www.pild
at.org/Publicati
PILDAT: NAB: An Independent Review of ons/publication/
Session 24 NAB Structure and Performance (pages 15- Democracy&Leg
33). Str/NationalAcc
ountabilityBurea
uAnIndependen
tReviewofStruct
ureandPerforma
nce.pdf>.
Significance of some of
the important
judgments pertaining to
dissolutions prior to the
Paula Newberg:
1973 Constitution,
Dissolutions of the National Assembly I Paula Newberg: Judging the State (Pages Judging the
Session 25 including the Molvi
– Prior to the 1973 Constitution 42-60, 73-78, 120-135). State (Pages 60-
Tamizuddin case,
68)
Governor General’s
Reference, State v.
Dosso, and the Asma
Jillani case.
Dissolutions of the
National Assembly post
Article 58 of the Constitution; Osama the incorporation of
Dissolutions of the National Assembly II Osama Siddique: The Jurisprudence of Siddique: The Article 58(2)(b),
Session 26 - Evolution and impact of Article 58 Dissolutions (pages 636-646, 703-715); Jurisprudence of including the Haji
Paula Newberg: Judging the State (Pages Dissolutions Saifullah case, Tariq
161-170). (pages 646-703). Rahim Case, Nawaz
Sharif case and the
Benazir Bhutto case.
Article 112 of the Constitution; Complete In light of the
Dissolutions of the Provincial
Session 27 Tayyab Mahmud: Praetorianism and Judgment: PLD discussion on
Assemblies
Common Law in Post-Colonial Settings 1992 SC 723 – dissolution of National
 Lahore University of Management Sciences
(FN 328); Federation of Assemblies, especially
Hamid Khan: Constitutional and Political Pakistan v Aftab post Article 58(2)(b),
History of Pakistan (pages407-410); Ahmad Khan the students will learn
PLD 1992 SC 723 – Federation of Sherpao the effect of its
Pakistan v Aftab Ahmad Khan Sherpao (Excerpts). provincial counterpart.
(Excerpts).
Session 28 Review

Textbook(s)/Supplementary Readings

Volumes 1-3 of the Reading Package shall be available at the photocopier; Recommended readings shall be uploaded on Zambeel/sent via email.