Democracy, Economic Development, and the Separation of Powers in the 1973 Constitution Pakistan: A Critical Analysis

Abstract

This article examines the links between democracy, economic development, and the separation of powers-with a focus on the 1973 Constitution of Pakistan. Under the 1973 Constitution of the Islamic Republic of Pakistan, there is a separation between the judicial, legislative, and executive organs of the state, yet there is evidence that the separation exists more on paper and less in reality. The interference of one institution in another’s functions is not only constitutionally unwarranted but is also against the essence of democracy. The prime minister of Pakistan is allowed by the constitution to exercise all executive powers in the name of the president and to oversee legislation in the country. Due to political party discipline, legislative assembly members cannot delay any legislation proposed by their party leader. It shows there is a close link between the executive and the legislature that seemingly goes against the theory and practice of the strict separation of powers. The judicial history of Pakistan shows the paramountcy of the executive over the judiciary. Nevertheless, the judiciary, through judicial activism, including judicial review and suo moto measures of the Supreme Court, has also affected the distribution of powers between the executive, legislature, and judiciary in Pakistan.