Solved by Sabaht Khurshid
CSS Solved Pakistan Affairs Past Paper 2017 | Discuss the role of the judiciary in the constitutional development of Pakistan CSS 2017
The answer is solved on the given pattern, which Sir Syed Kazim Ali teaches to his students, who consistently score the maximum because of their attempting the questions. The content is based on historical facts taught by Sir Rameez Ch.
The Judiciary, the third pillar of the government, guards and interprets the constitution of Pakistan. Thus, its role has been significant in empowering the executive, eliminating the political crisis, promoting democracy, and, above all, uplifting the constitution of the country.
The role of the judiciary in the constitutional development
The positive role of the Judiciary
- Strengthening the Executive: The Maulvi Tamizzudin Case
- Restricting the powers of governor-general: The Usif Patel Case
- Saving the country from the consequences of political instability: Doctrine of necessity
- Mitigating the political crisis: National Reconciliation Ordinance
- Accommodating democratic amendments: the 18th amendment
Answer to the Question
The judiciary has played a paramount role in shaping the constitutional fabric of Pakistan. Since it is the guardian of the constitution, its role has been significant, whenever the country has faced the problem of political reorganization and political legitimacy. Similarly, the verdicts of the superior court of Pakistan in different seminal cases, such as the Maulvi Tamizuddin Case, Dosso Case, and Nusrat Bhutto Case, have impacted the future political culture of Pakistan in many positive ways. For instance, the Maulvi Tamizuddin case has strengthened the Executive, making the Governor-General the supreme authority to dissolve the assemblies. Likewise, the Dosso and Nusrat Bhutto Case respectively validates Doctrine of Necessity in critical situations, saving the country from the repercussions of political turmoil several times. Moreover, appreciation and rejection of some constitutional moves, such as the 18th amendment and National Reconciliation Ordinance (NRO), by the apex court are also some major steps to strengthen the constitution. Undoubtedly, the Judiciary has emerged as a more powerful and independent institution in the country since 2009. Nevertheless, there is still room for improvement and functional changes in the judicial system where courts can take decisions without any influence because Pakistan’s judiciary is directly or indirectly responsible for the development and growth of the constitution. The answer below comprehensively discusses the role of the judiciary in framing the political culture of Pakistan.
Role of judiciary in the constitutional development of Pakistan
Pakistan has faced a constitutional crisis since its inception. The country’s weak legislation and executive have derailed the constitution-making process, giving rise to political instability. Fortunately, the judiciary has recognized how to sustain the organs of the government and prevented them from disintegrating. In Maulvi Tamizzuddin Case, when the dissolution of the first constituent assembly by the then governor-general was challenged in the court, the Supreme Court has had decided in favour of the Governor-General’s decision. The court’s verdict has had rendered the executive superior and sovereign over any assembly, giving later the ultimate power to dissolve the assemblies. As a result, the empowered executive has had upheld the future political fabric of Pakistan. However, the judiciary also has restricted the executive’s power in cases, such as Usif Patel vs The Crown Case. In this case, the court has had induced the governor-general not to concentrate all powers on himself rather to form the assembly of elected representatives. Consequently, limiting power, along with accountability, has restricted the power-seekers and future politicians from taking extra-constitutional steps in the country. Thus, the judiciary has not only strengthened the executive but also promoted accountability in Pakistan.
Another important role of the judiciary in the constitutional history of Pakistan is to validate Martial Law in critical situations under the principle of Doctrine of Necessity. As the country’s political fabric has been fragile, the military coups’ installation has been necessary to save the country from civil unrest and political turmoil. That is why the cases, like Dosso Case and Nusrat Bhutto Case, under which martial law has been accounted necessary, have had protected not only the constitution but also the sovereignty and autonomy of Pakistan. Furthermore, in recent years, the judiciary has promoted democratic moves of the governments, such as the 18th amendment, an emblem of democracy. The amendment has proved beneficial to the federation and worked for internal sovereignty, civil supremacy, and political autonomy. Likewise, declaring NRO unconstitutional in 2009, another major role of the judiciary, has had filled the political loopholes in Pakistan. As the ordinance granted the corrupt officials amnesty, its cancellation has promoted accountability in the country, mitigating political corruption and interpreting the law in the true sense. Henceforth, the judiciary’s decisive steps in constitutional development have engendered empowered, transparent, and democratic political environment in Pakistan.
The Judiciary’s role in uplifting the constitution is pivotal to the political stability in Pakistan. It strengthens, protects, and defends the constitution of the state. The historical evidences have shown how important it is for the judiciary to remain independent to protect the rule of law during constitutional and political chaos in the country. Undoubtedly, an independent judiciary is the last resort and the supreme authority when other state organs fail to resolve constitutional and political problems. Thus, the judicial system must be transparent and neutral to maintain its autonomy. In the final analysis, there has been a notable improvement in constitutional framing since Pakistan’s Judiciary has played a constructive role in political reorganization and legitimacy. Nonetheless, it has not only smoothed the way for constitutional growth but also reinforced the constitutional process.
To conclude, the constitutional and political stability of a country hinges on an impartial, independent, and unbiased judiciary. An active independent judiciary nourishes democracy and, above all, strengthens the constitution of the country. In Pakistan, the judiciary’s convincing role in historical cases has paved the way for constitutional growth and democratic development. In fact, the judiciary has rescued the country at the time of crisis, maintaining constitutional and political stability. Consequently, the country’s political fabric has been saved several times from disintegration. Pakistan, certainly, has been on a road to growth and progress since the judiciary emerged as a powerful institution. Hence, Pakistan’s constitution cannot develop and sustain properly, until its judiciary performs independently and neutrally.
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