Pakistan's Judicial Odyssey (1947-2020): Maneuvering Political Pressures amidst Rule of Law Challenges

Abstract

Pakistan's judicial landscape from 1947 to 2020 illustrates the complex interplay of indigenous interpretation, political engagement, and the ongoing challenges of the Dictatorship period. The paper meticulously examines the intricate relationship between judicial decision-making, political dynamics, and the persistent challenges faced by the rule of law in the country. Focusing on landmark Supreme Court decisions, it offers insights into key cases such as Maulvi Tamizuddin Khan, State v. Dosso, and Nusrat Bhutto v. Chief of Army Staff, unraveling the judicial responses to significant political and constitutional issues. The text also delves into the application of the principle of necessity, using cases like Maulvi Tamizuddin Khan and Shehla Zia v. WAPDA as illustrations. Emphasizing the concepts of judicial review and public interest litigation, the book highlights their pivotal role in upholding checks and balances, fostering transparency, and safeguarding individual rights. Despite ongoing reforms that seek to resolve the backlog, pending issues remain due to a deficit of judges and executive inefficiency. The evolving judicial system reflects the delicate balance between political pressure and an unvarying commitment to upholding the rule of law in Pakistan.