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"How do you see Judicial Activism in Pakistan?

 Post your comments after inferring the above topic. Your comments should NOT exceed from 100 to 120 words.

Closing Date Wednesday, July 11, 2012

Views: 1182

Replies to This Discussion

Judicial  = Legal , Activism = policies.

So Legal policies k bare me likhna hai...

Do not try to write anything which M.Tariq Malik has copy pasted above. It has nothing to do with the original topic.

The Question is "How do you see Judicial Activism in Pakistan" means k app pakistan ki legal system, or legal policies ko kese dekhte hain, ya unky bare me kiya soochte hain...

You just have to write what do you think, do not go here and there just write what you feel like.

Ager number kum bhi ate hain to itna to yakeen hoga k khud sy likha tha...

Best of luck and God Bless....

adliya ka kirdar


Judicial Activism in Pakistan

In Pakistan, judicial activism had first sown its seeds when Governor General GhulamMuhammad dissolved the first Constitution Assembly of Pakistan in the year 1954. MolviTamizuddin Khan, head of the first constituent assembly appealed in sindh high court which found the dissolution unconstitutional but later on Supreme Court headed by Chief Justice Mohammad Munir backed Governor General Ghulam Mohammad's actions. This judgment of Supreme Court is always strongly criticized by all democratic parties of Pakistan and is referred as a root cause of unstable democracy in Pakistan.Similary On 31 July 2009, a Supreme Court bench headed by the chief justice of Pakistan, Iftikhar Mohammad Chaudhry, declared unconstitutional a number of measures following on from former President Pervez Musharraf’s declaration of emergency on 3 November 2007. The constitutional petitions before the Supreme Court related to the legality of judicial appointments during the 16-month period when Chaudhry had been removed from his position as chief justice. The 14-member bench of the apex court gave a ruling declaring these judicial appointments to be illegal. At a stroke 110 judges of the Supreme Court and the four high courts lost their jobs. Another implication was the referral to parliament of all legislation enacted during the emergency (from 3 November to 15 December 2007).A few judges of the Supreme Court gave themselves veto power over the composition of the higher judiciary as a whole. The judges whose careers were cut short included not only the so- called “PCO judges” – or judges who had taken oath under Musharraf’s second Provisional Constitutional Order of November 2007 – but also all other judges appointed to the higher courts before the restoration of Chaudhry following the “long march” four months ago. These judges, including the then Chief Justice Abdul Hameed Dogar, were declared not to have been judges at all. It is heartening that judicial activism has come to stay in Pakistan. One may ask is judicial activism really that good? Yes, if it is used by judges who are loyal with their work then it can serve as a powerful tool for the judiciary system. A number of high profile cases can besolved using judicial activism. All in all, too much of anything can prove critical for one. The stability of nation lies in the balance of forces just like nature.


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