JISPIL Vol 10 Issue 2 2014 - A2

Dr Naveed Ahmad

One of the significant problems of constitutional history of Pakistan has been the governance of dictatorial rules that assaulted constitutional edifices whilst also distracting the development of democracy. The doctrine of ‘State Necessity’ was often used as a tool to grab power with the present constitutional arrangements. The judiciary tried to establish its independent character in various periods but unfortunately was not much successful. However, the ‘Lawyers Movement’, which started in March 2007 is supposed to be a real development and a landmark for the restoration of independence of the judiciary and the rule of law in Pakistan. The Constitution of Pakistan 1973 provides judicial independence under article 175 but it has always been under threat from the beginning. In the cases mentioned below, not only was there intervention by the military in judicial substances but also a violation of the Constitution was constant. However, the main argument of the article is that the judges of the superior and higher courts are somewhat accountable for such behaviour towards the judiciary, as they did not show resistance to protect its independence. The key objective of discussing significant constitutional cases is to provide an outline of some debatable judgments delivered by the higher and superior judiciary, which had adverse effect on political life in Pakistan.

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