Judiciary of pakistan

Zardari had feared that by reinstating the judges to their earlier posts, he would welcome cases against him in light of the Supreme Court's earlier deliberations on the legality of the NRO. This is because these societies realize that amending the constitution means amending the covenant between state and citizens.

A History of the Judiciary in Pakistan

I do not subscribe to the proposition that blames the judiciary of having endorsed successive martial laws, without quoting any exceptions. Protecting the Constitution As mentioned at the outset of this discussion, we also need to ponder upon the question of possible and practical ways to stop the mutilation and violation of the constitution and define the options through which the nation can get rid of the menace of constitutional deviations.

Unfortunately, the earlier history of our judiciary has been something a nation cannot be proud of. The provincial government that exercise administrative control over them appoints such officers.

The Supreme Court found that the ordinance came at a time which is protected under 17th constitutional amendment. Individual Integrity Of course, another key element in the performance of a judge is his or her own conscience. Although there are individual judges who have failed the nation through judgments that were disappointing, we have also had judges like Yaqub Ali, A.

Such questions are raised on the assumption that there is a validly constituted Supreme Court in existence and that the judgments it is rendering are valid judgments.

Judiciary of Pakistan

It will, in fact, resolve the current crises. Much like its predecessor movement Adliya Bachao Tehreek, both the camps in the Lawyers' Movement lobbied for the reinstatement of the sacked judges but differed on political grounds and the policies of their affiliated parties.

To remove the objection raised on locus standi of JI to file the case, Justice retired Wajihuddin appeared before the Court to get a verdict with the same plea; the nerves of the general could not withstand the imminent unfolding of the truth and emergency was imposed.

The choreography thus far appeared quite flawless. Ironically, however, this proposal does not attempt to punish the actual culprits.

Democracy and Judicial Activism in Pakistan

All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. Notably, the thrust of most of the fundamental rights is against the federation. On February 19,a day after elections, all newspapers reporting on Pakistan, here as well as abroad, bore headlines to the effect that the elections had lifted depression out of Pakistan.

V of Article AA U. The stage was set to justify subsequent coups in the country by the courts.

Reforming the Judiciary in Pakistan

Tariq Mahmood served as a judge with the Balochistan High Court and refused to take oath under Musharraf's presidency. If a citizen of this country disappears, or is picked up from his home, his work place or from anywhere walking on street and is not brought before a court, not for one day, not for one week but for years, the judiciary has failed to enforce his right under Article 15 of the Constitution.

It distributes power to the federating units and federation, to the judiciary, to the armed forces, to provinces, and to the governors. Only with structural independence would judges have an environment where they could decide cases free of fear or favor.

An entire organ of the state is in limbo and unless we bring it on board, we cannot move forward. Unless the country gets rid of all mutilators and violators of its constitution, such crises shall persist.

In certain countries, a six-month public debate period is required to float a constitutional amendment. They take corrective measures at the right time because they know that negligence on such scores could split them into pieces and nobody would then be able to consolidate and save them.

These have not yet been taken although this is the ideal time for them: It is not as simple as making a new law. Abstract [An independent judiciary guarantees the rights of the citizens and the federating units.

Bush, ruled that the people picked up in the conflict with Afghanistan are prisoners of war and are entitled to protection under the Geneva Convention.

Activists of Pakistan Muslim League (N) participate in a long march on 15 Marchorganised to support the Lawyers' Movement that had appealed for the restoration of judiciary since the unconstitutional suspension of Iftikhar Muhammad Chaudhry.

pakistan. Saturday Jul 21 By. Justice Shaukat Aziz Siddiqui on Saturday stated that the judiciary is 50 per cent responsible for the current situation of the country.

The judiciary in Pakistan has always been afflicted with flawed and discriminatory judgments, more than often denying justice to the lot seeking redressal for justice.

In particular, the courts in Pakistan, even the high courts, earned infamy for passing verdicts on blasphemy laws hitting hapless.

Ensuring independence of judiciary and integrity of judges are fundamental.

Judiciary of Pakistan

Besides, Pakistan needs to ponder over the ways to stop continued mutilation of the constitution. The artical about the independence of judiciary of the ex learned chief justice of Peshawar High Cour and as a senior judge of Sureme Court of Pakistan (Retired) is thought turnonepoundintoonemillion.com langusge.

Judicial Structure of Pakistan By: Mrs. Najmunnisa Siddiqui Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising.

Pakistan: Judiciary and Politics

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Judiciary of pakistan
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Democracy and Judicial Activism in Pakistan | The Diplomat