Pillars of State

Business Law
Instructor: Dr. Abid ullah

Organs/Pillars of State
Pillars of State
Legislature Executive Judiciary

1. Legislature: The law making body of the country. It can make the law for an entire country. Law making is the
exclusive domain of legislature. Its the supreme law making authority. Its not responsible for enforcing law.
2. Executive: Its the body responsible, for enforcing the law made by the legislature. It also do day by day
management making decision. Its the body responsible for conducting all the affairs in the country. For e.g. we
want to trade with India or not.
3. Judiciary: Its function is to administrate justice according to the law made by legislature. It can only provide justice
at to the extent of law created by legislature and it cannot go beyond that extent, so in this way our courts are
courts of law and not courts of justice.
Second function of judiciary is to make interpretation of law made by the legislature. Judiciary regularly applies the
law that is why they can easily interpret the law.
Lacuna: When something is missing or there is no clear-cut meaning in law. Judiciary also interprets the law
made by the legislature and its the second function of the judiciary. (sometimes 4th pillar in journalism).
Constitution
• The supreme fundamental and basic law of the land. All new laws
shall be made in the light of constitution.
• Constitution contains basic principles.
1. It plays a role of torch-bearer. No law in the country can be made which is
repugnant (clash) with the constitution.
• If judiciary make the law contrary to the constitution, a common citizen can file a case and make this law
null and void or supreme court itself can take notice named Suo Moto
Notice (that is on its own initiative).
• Boundary of legislature is constitution. It cannot by-pass constitution.
• There is check and balance for both legislature and judiciary.
2. Constitution is a document which regulates and governs the working
relationship of the various organs of a state.
• We have number of rights and obligations. Similarly state has number of
rights and obligations. (State should work for its people, take care of
their rights, then its become its right that its citizen obey its law).
3. Constitution is a document which regulates and governs the rights and
obligation of the citizen towards the state and vice versa.
1. Legislature In Pakistan
• Parliament is the legislature in Pakistan. It is an elected body having

three components.
National Assembly (Lower House) + Senate (Upper House)

+ Head of State (President)
LOWER HOUSE (NATIONAL ASSEMBLY) UPPER HOUSE (SENATE)
Representation of different provinces on the Equal representation in the upper house.
basis of population.
Mode of Election: Direct i.e. people Mode of Election: Indirect i.e. elective of
(masses) elects his own representative. provincial assembly will elect member for
upper house.
Permanent Body: Its not permanent, no Senate never dissolves, after every 2 years,
restriction for old members. by computers balloting,
rd 1/3 retired.
Tenure of Membership: 5 years 6 years

Prime Minister: Yes No
Monetary Bills: Yes No
In case, if there is a member whose name has not come in the ballot for 3 periods (6 years) then he is given retirement automatically.
2. Executives
• Head of State: He is a man without powers. He is bound to sign the law passed by legislature, he is
figure-act. He has ceremonial powers.
• Head of Government: He is a man of show, he works. He is sometime a Prime Minister, President or
Chancellor. There is a body under him called Cabinet.
• Attorney General: He is a first law officer of a country. He is practicing lawyer nominated by Prime
Minister. He can conduct private cases, along with cases filed by the Government. He is the only
person who can attend the proceedings of National Assembly or of Senate or of both, although he is
unelected member. He will tell about the progress of cases. He is assisted by Deputy Attorney
General and Assistant Attorney Generals.
• Advocate General: He is a first law officer of the province. He deals with cases of provinces elected
by Chief Minister (CM). He can attend provincial assembly proceedings assisted by Deputy Advocate
General and Assistant Advocate General.
• Other includes ministry of law and justice, ministry of foreign affairs, Human Rights Commission, anti
corruption unit etc.
Judiciary
• Supreme Court of Pakistan
• Jurisdiction of Supreme Court:
1) Original Jurisdiction: It can be categorized in two ways:
• Public Interest Litigation: It cannot be the court of first instance. There are some matters with which
the interest of masses are attached is called public interest litigation can be directly taken to the
supreme court. Only in this situation supreme court can be a court of first instance.
• A provincial Government can file a case in supreme court against another government. Its judgement
will execute in some different way which is defined in the constitution.
2) Appellate jurisdiction: Appellate jurisdiction is the highest court of appeal.

3) Supervisory Jurisdiction: Supreme Court is the Apex court of Pakistan. All courts are sub-ordinate of
Supreme Court. Hence to monitor them is the jobs of supreme court.
4) Advisory Jurisdiction: Legal advice can be taken from supreme court for some matters. However the
Government is not bound to follow this advice.
• The Doctrine of Binding Precedent:
• Precedent means previous judgment
• all the fact of these cases are same but the decisions are different
• If there is no consistency in the judgment then people will not come
to judiciary. There will be anarchy in the society.
• Today’s judge is bound to apply previous judgement but there are some requirements for it:
Requirements:
1) Facts of both the cases must be same.
2) The preceding court must be the court either of a superior status or in some cases of equal status.
3) The statute on the basis of which the preceding judgement was delivered must neither have been
amended nor repelled.
4) Ratio Decidendi of the preceding judgement has to be applied.
5) The preceding court must not have ignored any fundamental principle of the court such as privity of
contract.
*Ratio decidendi: It means the reason or ground of a judicial decision. It is the ratio decidendi of a case
which makes the decision a precedent for the future.

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Business Law

Instructor: Dr. Abid ullah

Legislature Executive Judiciary

• Parliament is the legislature in Pakistan. It is an elected body having

National Assembly (Lower House) + Senate (Upper House)

Tenure of Membership: 5 years 6 years

2) Appellate jurisdiction: Appellate jurisdiction is the highest court of appeal.

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