Since the creation of Pakistan,it's judiciary system has had a tumultuous and inconsistent relationship with the executive. But the recent years have shown an interesting upsurge of judicial activism in Pakistan spearheaded by former Chief Justice Iftikhar Muhammad Chaudhry. Heywood reflects on the role of judges as
political actors and the judiciary being more than a mere legal institution.
According to Heywood, law and politics are not two different, clear cut
phenomena but are closely interlinked with each other. This is mainly due to
the political significance and the political impact of the decisions by the
judiciary and their role in “conflict resolution and the maintenance of state
authority”. The role of the judiciary in paving the way
for future legislation can also be seen in Pakistan, for instance the case of
Darshan Masih. Similarly the case of the State prompted the government to promulgate the Bonded Labor System(Abolition) Act in 1992. This highlights the significance of judicial system on the political atmosphere of a country. Judicial activism under the influence of chief justice is very important for this country. Strong judicial system will help even in stabilizing the country because of the relatively weak and inactive executive and legislature. On the other side of the picture Pakistan's judiciary system is very much criticized for impeaching upon the responsibilities of the
executive and upsetting the balance of power between the Supreme Court, the
Parliament and the Executive. In conclusion law can never be separated from politics and nor it can ever be separated due to political role of the judiciary. Moreover, the independence of the judiciary is
somewhat compromised due to the involvement of political bodies in the
recruitment and promotion of judges as seen in the case of Pakistan. In conclusion, the supremacy of judiciary in Pakistan can be considered as a myth because of its dependence on other branches of government.
1 comment:
It is an interesting thing to note that while the legislature and executive can interfere in the judiciary, similarly, judiciary can also become highly politicized. In both situations it is the common man who's interests are not being safe guarded and his faith in the judiciary is compromised. Pakistan must ensure that the judiciary is efficient and the right to fair trial is protected.
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