Changing Facetsof Judicial Activism in Pakistan

Authors

  • Shazia Sultan Assistant professor (Political Science), Higher Education Department (HED), KPK Pakistan
  • Tahira Jabeen Assistant Professor (Law), Higher Education Department (HED), Peshawar KPK

DOI:

https://doi.org/10.47067/real.v3i3.75

Keywords:

Activism, Rule of Law, Suo Moto, Judicial autonomy, judicial restraint

Abstract

This paper deals with the troublesome history of Pakistan Judiciary in comparative perspective. The judicial restraint showed by the superior courts in the initial phase of Pakistan’s emergence and its failure in the enactment of extra-constitutional deeds of Military Generals and executive heads that troubled the smooth political and constitutional progress has been highlighted. The paper throws light on the struggle of the Judiciary for its independent status in the defiance of the military establishment in 2007 that catapulted the Judiciary as main stakeholder in the governmental power structure of the state. The key role played by Supreme Court in the defense of democratic norms, rule of law, corruption free politics and transparent governance has also ben focused.  Overstepping of judiciary in executive matters in Justice Saqib Nisar is also the part of this investigation. Nonetheless empowering the public representative to legislate on the matter of the tenure extension of the COAS (Chief of Army Staff) has also been discussed along with the decision of special court and then High court in the treason case of Musharraf that raise is the part of this paper. The paper concludes that hurdles in the way to independent judiciary desperately needed to be removed for the dispensation of justice.

References

Abbas, H. (2005). Pakistan Drift's Into Extermism Allah, The Arm, And America's War On Terror. New Dehli: Pentagon Press.

Afzal, M. (2019, December 23). Why Pakistan's Former Ruler Musharraf Was Sentenced To Death, And What It Means. Retrieved December 28, 2019, from www.lawfareblog.com.

Ahmed, K. (2019). How Judicial Activism Has Aggravated The Backlog Of Cases In Pakistan's Courts. Retrieved December 13, 2019, from indianexpress.com.

Ali, S. (2019, December 12). Suo Moto: A Case Of Judicial Overreach. Retrieved January 15, 2020, from leappakistan.com.

Awan, M. R. (2014, July). Judicial Activism In Pakistan In Commercial And Constitutional Matters: Let Justice Be Done Through The Heavens Fall. Journal Of International Criminal Justice Research, 1.

Azeem, M. (2017). Law, State And Inequality In Pakistan Explaining The Rise Of Judiciary. Singapore: Springer Nature Singapore Pte Ltd.

Aziz, S. (2014, July 06). A Leaf From History: Zia's Martial Law Validated.

Chaudhry, A. A. (2019, July 28). The Saviour Syndrome. Retrieved December 13, 2019, from thenews.com.pk.

Gul, I. (2017). Judicial Activism And The Rule Of Law. In I. A. Rafique, Pakistan's Democratic Transition Change And Persistence. New York: Routledge.

Hussain, F. (2001). The Judicial System Of Pakistan. Law And Justice commission.

Jamal, U. (2018, May 01). Democracy And Judicial Activism In Pakistan. Retrieved December 01, 2019, from thediplomat.com.

Jamal, U. (2019, November 30). Pakistan's Highest Court Suspends The Army Chief's Term Extension. What Now? Retrieved December 26, 2019, from thediplomat.com.

Kaura, V. (2019, December 6). Pakistan,s Gen. Bajwa Gets An Extension Aimed Political Drama. Retrieved January 15, 2020, from www.mei.edu.

Khalid, I. (2012). Role Of Judiciary In The Evolvement Of Democracy In Pakistan. Journal Of Political Studies, 19.

khalid, I. (2012, 2). Role Of Judiciary In the Evovlement Of Demcracy In Pakistan. Journal OfPolitical studies, 19, 124-142.

Khan, H. (2017). Constitutional And Political History Of Pakistan (Vol. Third). Karachi: Oxford University Press.

Khan, S. A. (2019, November 21). Army chief Gen, Bajwa's Tenure extended For Another Three years. Retrieved December 17, 2019, from DAWN.COM.

khattak,, D. (Ed.). (2019, December 3). The Larger Significance Of Pakistan's Army Chiefs Extension Debate. Retrieved December 26, 2019, from thediplomat.com.

Malik, H. (2014, December 31). From Judicial Activism To Judicial Restraint. Retrieved December 13, 2019, from tribune.com.pk.

Malik, H. (2019, December 26). Govt Challenges SC Verdict On Army Chief's Extension. Retrieved january 03, 2020, from tribune.com.pk.

Malik, M. A. (2007, January 01 thursday). Ideolgy And Dynamics Of Politics In Pakistan. Lahore: Ahatta Shahdarian, 22 Urdu Bazar Lahore.

Malik, M. R. (2018). A Discourse On Judicial Activism. Retrieved December 14, 2019, from http://nation.com.pk.

Mehmood, K. (2020, January 06). NA Likely To Greenlight Key Military-related Bills Today. Retrieved January 10, 2020, from tribune.com.

Mir, H. (2020, January 8). Services Act. Karachi, Pakistan.

Munir, K. A. (2018, July 2). Judicial Activism In Pakistan: A Case Study Of Supreme Court Judgments 2008-13. A Research Journal Of South Asian Studies, 33, No 2, 321-334.

Munir, M. A. (2012, January 14). Public Interest Litigation In Supreme Court Of Pakistan.

Newberg, P. R. (1995). Judging The State Courts And constitutional Politics In Pakistan. Cambridge: Cambridge University Press.

Omar, R. (2013). Authority Without Accountabilty: The Search For Justice In Pakistan. Geneva Switzerland: International Commission Of Jurists.

Qureshi, A. (2019, December 17). SC Issued Detailed Verdict On Army Chief Extension. Retrieved december 31, 2019, from www.newsweekpakistan.com.

Qureshi, A. T. (2010). State Of Emergency: General Pervez Musharraf's Exeutive Assult On Judicial Independence In Pakistan. North Carolina Journal OfInternational Law And Commercial Regulation, 35 (2).

Rahman, M. M. (2018, August). A Critical Analysis on Judicial Activism and Overresearch. IOSR Journal Of Humanities And Social Sciences (IOSR-JHSS), 3.

Rizvi, H. A. (1987). The Militry And Politics In Pakistan. Lahore: Progressive Publishers.

Roy, S. (2019, December 2). Expalined: Understanding Pakistan SC Ruling On Army Chief, And Why It Matters For India. Retrieved December 31, 2019, from indianexpress.com.

Saddique, N. (2020, January 03). Govt Tables Amendment Bills In NA To Fix Age Limit Of Services chiefs. Retrieved January 03, 2020, from dowm.com.

Saddique, N. A. (2019, Novemver 29). General Bajwa To Stay On As COAS For 6 Months: SC. Retrieved December 21, 2019, from dawn.com.

Shabbir, S. (2013, January). Judicial Activism Shaping The Future OF Pakistan. Researchgate Publication.

Shamim, S. J. (2018, February 20). A Review On Judicial Activism In Pakistan. Retrieved January 15, 2020, from papers.ssrn.com.

Siddique, F. (2020, January 10). Judicial-Military Coundrum. Retrieved January 12, 2020, from www.dawn.com.

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Published

2020-12-31

How to Cite

Sultan, S. ., & Jabeen, T. (2020). Changing Facetsof Judicial Activism in Pakistan. Review of Education, Administration & Law, 3(3), 523-534. https://doi.org/10.47067/real.v3i3.75