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JUDICIAL ACTIVISM IN PAKISTAN

Outline:
Despondency and uncertainty were dominating the facet of the rule of law in Pakistan and then in a
sudden a man rose like e phoenix from the ashes and struggled for the restoration of rule of law and
opened a new era of justice for all
INTRODUCTION
Judiciary, 3rd pillar of the state
What is Judicial activism?
Present proactive role of judiciary in Pakistan
ORIGIN OF JUDICIAL ACTIVISM
Marbury v/s Medison case
LEADING CAUSES OF JUDICIAL ACTIVISM
Ineffective role of executive
Ineffective role of legislature
Violation of human rights
JUDICIARY IN PAKISTAN
Constitutional provisions for the formation of apex court (Articles 176-191)
High courts of provinces
ROLE OF JUDICIARY IN PAKISTAN
Before 2005 (Confused era for judiciary)
Eminent cases ( Maulvi Tameezud din case , Dosso case, Asma Jilani Case, Nusrat Bhutto case, Zafar
shah case etc)
After 2005 (Beginning of new era)
JUDICIAL ACTIVISM IN PAKISTAN
Emergence of judiciary in 1980s
One mans movement to restore rule of law
Suspension of chief justice and movement for his restoration
Public support for the judiciary
Role of media in Movement
LEGAL STATUS OF JUDICIAL ACTIVISM
Suo Moto Actions u.s 184(3)
Power of judicial review
Custodian of constitution is apex court
Guardian of the fundamental rights of the people
Precedents from the globe
IMPACTS OF JUDICIAL ACTIVISM
Enhancement of publics trust on judiciary
Striking down of NRO
Accountability ( Hajj Scam, NICL scandal. Rental power case etc)
No one is above law ( e.g Departure of Prime Minister)
Striking down of contempt of court law
Dual nationality of parliamentarians
Historical judgment in Asghar khan case
Suo Moto actions in numerous cases (e.g Balochistan missing person case)
CONFRONTATION OF JUDICIARY WITH EXECUTIVE ON SOME GROUNDS
ROLE OF IFTIKHAR MUHAMMAD CHAUDRY
THERE ARE LOT MORE THNGS TO DO
Measures that should be taken for the continuance of changed scenario
Elimination of corruption from lower courts
Speedy justice
Increase in the number of judges
Fair appointment of judges
Positive role of judiciary for the strengthening of democracy
CONCLUSION
Courage of one man restored the respect of judiciary , controlled the law and order of state and
dealt with many ill of society successfully now there is the only need of the continuity of the system