Judicial Activism and Pakistani Society: A Case Study of Musharaf Era

Abstract

Judicial organ is one of the three organs of the state of Pakistan. It plays important role in Constitutional machinery by performing its functions like interpreting laws and keeping an eye over the laws made by legislature that they are according to the injunctions of Islam or not and whether these laws are implemented properly by the executive or not. Judicial activism refers to the judicial rulings based on personal views rather than on existing law. The research is based on the questions like, is Judiciary playing effective role in Pakistan? What is the role of judiciary in Musharaf’s regime? Did judicial organ work in accordance with the Constitution of Pakistan 1973 in Musharaf’s regime? The conflict between president Musharaf and Chief Justice of Pakistan Iftikhar Chaudhry on March 9, 2007 when the Iftikhar Chaudhry refused to move under the pressure of the former to resign as Chief Justice. This led to the frontal attack by Musharaf against the judiciary on November 3, 2007 in the grab of unconstitutional emergency and PCO. In terms of judicial crisis and lawyers’ movement, the resistance offered by a large portion of the judiciary from March 9, 2007 onwards supported by the lawyers’ fraternity was a step toward change in favor of an independent judiciary in the future.