Ideally, the judiciary should be kept distinct from other
branches of government in line with the separation of powers of the state. This
means that other branches of government should not exert any political
influence on this branch. The judicial wing in Pakistan is far from perfect as
is still trying to achieve complete independence.
The First Constituent Assembly of Pakistan passed a resolution in March 1949 called the Objectives Resolution wherein the founding fathers of Pakistan framed a Constitution for the newly independent state of Pakistan. This Objectives Resolution clearly stated that the independence of the judiciary would be upheld. However, the constitution itself carries various provisions which allow the executive to interfere with the judicial system.
Nonetheless, there have been considerable efforts for the independence of the judiciary such as the lawyers’ movement in 2009. The encroachment by the legislatures in matters that concern the judiciary would prevent the efficiency of the justice system and undermine its authority.
The First Constituent Assembly of Pakistan passed a resolution in March 1949 called the Objectives Resolution wherein the founding fathers of Pakistan framed a Constitution for the newly independent state of Pakistan. This Objectives Resolution clearly stated that the independence of the judiciary would be upheld. However, the constitution itself carries various provisions which allow the executive to interfere with the judicial system.
Nonetheless, there have been considerable efforts for the independence of the judiciary such as the lawyers’ movement in 2009. The encroachment by the legislatures in matters that concern the judiciary would prevent the efficiency of the justice system and undermine its authority.
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