Independent Judiciary and NationBuilding: A Case Study of Pakistan (original) (raw)

Evaluation of Judicial Independence in Pakistan 2008-

PAKISTAN–Bi-annual Research Journal Vol. No 56, , 2020

Judicial independence is considered a pre-requisite of mature democratic system but unfortunately judiciary has not been independent practically in the political history of Pakistan since its origin. The reasons may be numerous, but the fact is that executive had been indulged into judicial matters due to unstable democratic system in the country. Many civil governments were overthrown by military dictators and their coups were legitimized by the apex judiciary through implementation of ‘law of necessity’. But the fact cannot be denied that Judiciary acquired more independence after 2010. This research is a qualitative analysis of the factors supporting judicial independence in Pakistan in the new millennium. It also elaborates the significance of judicial independence for the stable democratic system.

Paradoxes of Judicial Independence: Issues and Challenges of Constitutionalism in Pakistan

Paradoxes of Judicial Independence: Issues and Challenges of Constitutionalism in Pakistan, 2022

Pakistan has oscillated between weak civilian rules and military regimes throughout its history. Military co-option with the judiciary, alongside few exceptions commenced an era of dissolutions in 1988. This led to develop an institutional imbalance which undermined the representative institutions by upholding the presidential orders to dismiss federal and provincial assemblies in Pakistan. The judiciary in Pakistan largely remained a reactionary institution as it endeavored for the self-preservation rather than upholding the constitutionalism and enforcing the rule of law. Judiciary"s political assertiveness during the decade of 1990s by addressing the political questions led to decline of its impartial character. This research expounds that judiciary"s informal support for military increased the federal challenges of Pakistan and enhanced the authoritarian features of the state. This paper also explicates that by validating the dismissals of the representative institutions and authorizing the military regimes to amend the constitution, Judiciary compromised its judicial independence, which is one of the salient features of Constitution of 1973. Keeping in view the nature of case study and employing qualitative approach of research, this paper largely addresses the key question that how judicial Independence is relevant to the issues of federalism and democracy in Pakistan.

Assessing the Independence of Judiciary in Pakistan.

Journal of Historical Research (JHR), 2019

Judiciary is considered an important pillar of every political system. It always tried to ensure the rule of law and guarantees civil liberties and fundamental rights to the citizens. To perform these functions effectively, independence of judiciary must be ensured. Unfortunately, in Pakistan judiciary faced severe hurdles in its smooth functioning due to legal framework orders and provisional constitutional orders issued from time to time by military rulers. Resultantly independence of judiciary suffered severely. This paper is an attempt to assess the level of judicial independence in political system of Pakistan from 1947 to 1999. Historical and analytical approaches of research with secondary sources of data have been used to find the results.

Independence of Judiciary in Malaysia and Pakistan: The Way Forward

Journal of Law & Social Studies (JLSS) Volume 5, Issue 3, pp 525-536, 2023

The provisions relating to the independence of the judiciary in the Islamic Republic of Pakistan and Malaysia are deficient and require reforms for securing the independence of the judiciary fully and more meaningfully. The purpose is to identify lacunas in the Constitutions of Pakistan and Malaysia relating to the doctrine of the independence of the judiciary and press for reforms. Comparative analyses of Malaysia and Pakistani constitutions have been made to press for reforms. Findings mandate revision of the Constitutions of Malaysia and Pakistan in the interest of independence of the judiciary and impartial decision-making. Results are very important in relation to proposing a solution for judicial discipline, quality of judgments, and justice according to law. Such conclusions drawn are the first of their kind after considering the constitution of Pakistan and Malaysia cumulatively.

Judicial Independence and Impartiality of Judiciary: A Comparative Study

The International Journal of Social Sciences and Humanities Invention, 2018

Vesting judicial power in a separate branch under the doctrine of separation of power requires impartiality of the body exercising judicial powers, in order to develop public confidence on the judiciary. An independent judiciary has always been acted as a guardian of constitution and individual rights. Independence and impartiality of the judiciary is not only necessary for fair trial but also prerequisites for the application of Rule of Law. If judiciary is biased then there will be chaos and tyranny. Right of fair trial before independent and impartial tribunal is an internationally recognized right under International Instruments. This Article is intended to explore the importance of doctrine of judicial impartiality for preserving Judicial Independence in Constitutional analysis perspective of Pakistan, UK and USA.

(Mis-)Judging the state? The crisis in Pakistan's judiciary and its ramifications

2021

This SADF working paper sheds light on the flaws within Pakistan's judicial system and its ramifications for the country's political and economic development. The paper considers judicial risk assessments for potential foreign investors looking to engage in Pakistan, especially in the context of the China-Pakistan Economic Corridor (CPEC). After elaborating on the institutional imbroglio in Pakistan's political system, it is argued that at no point in the country's history was a functional, effective separation of power in place that could enable the emergence of a fully independent judiciary. Due to corruption, manipulation, and partisan interests, the judiciary branch not only failed to avoid extra-constitutional regime changes-namely military coups-but also endorsed and abetted the consolidation of illegally gained power and ancient, reactionary feudal-tribal structures. Moreover, by allowing the enactment of discriminatory (blasphemy) laws, the superior court failed to protect democratic processes in general and political & human rights in particular. Compromised by political chicanery from the two other branches of governance, internally corrupted by influential socioeconomic pressure groups and religious fanatics, the judiciary is more engaged with safeguarding its corporate interests than carrying out necessary reforms to improve the efficiencies of its courts. Judicial practices are thus perceived by experts as very far indeed from the notions of justice and fair trails. They definitely fail to mirror the 'highest standards of judicial independence' recently claimed by Pakistani authorities. Despite the judiciary's relative ability to preserve the rule of law, its

Assault on Independence of Judiciary in a Federal State: A Study of Musharraf Era (1999-2004

The Dialogue, 2018

Independence of judiciary is a hallmark of a civilized society and salient feature of the modern state-craft. Independent and impartial judiciary is indispensible for endurance of a federal state as it ensures strict adherence to the constitution by all state organs and central and provincial governments. Only an independent and impartial judiciary can: uphold the constitution; safeguard the powers of provinces against encroachment by central government; defend the fundamental rights of citizens, and; keep check on exercise of powers by other state institutions mainly the executive. The independence of judiciary in a multi-ethnic and multi-cultural federal state such as Pakistan is imperative for its endurance, besides interprovincial harmony and good centre-province relations. Despotic governments cannot tolerate the independent and impartial judiciary. In order to advance their personal goals and undemocratic agenda, military rulers in Pakistan have generally targeted the superior judiciary by depriving it of its independence, self-esteem, integrity, and impartiality. In this context, the paper examines as how the military regime under Pervaiz Musharraf assaulted on the independence of the superior judiciary and undermined the supremacy of, and tempered with, the constitution of Pakistan.

Independence of Judiciary in Pakistan: An analysis of 18th 19th Constitutional Amendments

Journal of Social Sciences Review

Democracies exist all over the world. In democratic states, elected officials make collective decisions on behalf of the people. People of a state are allowed to regulate their elected officials by unique institutions such as regular elections, the right to free political participation, universal adult suffrage. Similarly, the freedom of the press. In the state where democracy is assured, government agencies (executive, judiciary, and legislature) operate in individual and collective domains to fulfil their constitutional responsibilities. Every person has a direct relationship with these critical institutions, especially the judiciary. The parties' grievances are filed with the state's administrative body in the event of a violation of duty or citizens' rights. Judicial independence is essential for the state's citizens' rights to be protected. If there is judicial independence, there will equal rights for the citizens.

Constitutionalism and the Dilemma of Judicial Autonomy in Pakistan: A Critical Analysis

2019

This work provides a twofold nature in relation to the law of Pakistan: firstly, constitutionalism being a broad public law concept applies to an analysis of the ongoing development and gradual maturing of this phenomenon in Pakistan. This endeavor helps place the thesis into a rich field of legal and law related literature that examines the trajectories of post-colonial countries in terms of their constitutional struggle and related developments. It provides a more descriptive framework that is useful in its own right as an orderly exposition of largely existing knowledge, ideally with updates on recent significant developments that major scholarly contributions from the earlier times did not yet included. Secondly, this thesis examines the dilemma of judicial activism, which is also referred to as public interest litigation. It endeavors to assess the extent to which judiciary of Pakistan may act as an autonomous entity that can rightfully set itself up as being somehow superior t...