Abstract
The objective of this is to examine the role of superior judiciary in Pakistan after 1947. We have mainly focused on the controversial role of the judiciary during the period 1988-1999. It is popularly believed that after the independence Pakistan's judicial system was established closely on the footsteps of the English system. In the early years the judiciary of Pakistan enjoyed independence in deliverance of justice. Afterwards, most of the governments resorted to unconstitutional method to pressurize the judiciary for its ulterior motives. All the three constitutions provided constitutional guarantees to judiciary for independence but the executive's always pressurize it in legal way such as through abuse of power of appointment, parallel hierarchy of courts (Federal Shariat Court, Anti-Terrorists Courts, Military Courts), and amendments in the constitution for curtailing the powers of judiciary. Both democratic and undemocratic regimes used the shameful and blatant methods on the issue of appointments. From 1988 to 1999, five assemblies were dissolved almost on the charges of corruption, inefficiency and were challenged in the Supreme Court. On every occasion, the decision of judiciary was different. Therefore we have focused our analysis on the role of superior judiciary and how its controversial judgments had affected its image. It is important to emphasize that the controversial role of the superior judiciary cannot be examined in isolation from the over all political environment prevailing in the country. Therefore our thesis has been divided into various chapters and each chapter has been used as background to create the necessary link between the past and the present.
The objective of this is to examine the role of superior judiciary in Pakistan after 1947. We have mainly focused on the controversial role of the judiciary during the period 1988-1999. It is popularly believed that after the independence Pakistan's judicial system was established closely on the footsteps of the English system. In the early years the judiciary of Pakistan enjoyed independence in deliverance of justice. Afterwards, most of the governments resorted to unconstitutional method to pressurize the judiciary for its ulterior motives. All the three constitutions provided constitutional guarantees to judiciary for independence but the executive's always pressurize it in legal way such as through abuse of power of appointment, parallel hierarchy of courts (Federal Shariat Court, Anti-Terrorists Courts, Military Courts), and amendments in the constitution for curtailing the powers of judiciary. Both democratic and undemocratic regimes used the shameful and blatant methods on the issue of appointments. From 1988 to 1999, five assemblies were dissolved almost on the charges of corruption, inefficiency and were challenged in the Supreme Court. On every occasion, the decision of judiciary was different. Therefore we have focused our analysis on the role of superior judiciary and how its controversial judgments had affected its image. It is important to emphasize that the controversial role of the superior judiciary cannot be examined in isolation from the over all political environment prevailing in the country. Therefore our thesis has been divided into various chapters and each chapter has been used as background to create the necessary link between the past and the present.
Access full text http://eprints.hec.gov.pk/2474/1/2360.htm
No comments:
Post a Comment