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Impact of Judicial Activism in Pakistan

Abstract

Unprecedented wave of judicial activism has been witnessed in Pakistan since 2001. The fundamental rights guaranteed in the Constitution of Pakistan has broadened the scope of Judicial Activism and the volume of public interest litigation “PIL” has been expanding in all walks of life. Consistent and continuous exercise of judicial authorities by the Supreme Court of Pakistan “SCP” through “Suo Moto” (action on court’s own motion) jurisdiction4 have political, social, economic impacts. The Apex Court of Pakistan has delivered many judgments under Article 184 (3) of Constitution of Islamic Republic of Pakistan and assumed “Suo Moto” jurisdiction on the matters of public interest since 2001. Moreover, the Apex Court also declared many constitutional amendments, statutes and governmental policies null and void. The Judgments delivered by the Apex Court in these cases would have their long-lasting implications. Through this article I shall examine the likely outcomes of public interest litigation in the political and constitutional arena of Pakistan. Suo Moto actions by Supreme Court as a routine matter raise serious questions regarding the functioning of the executives and fulfillment of international obligations created through various treaties and agreements signed by Federal Government of Pakistan. Keeping in view the issues this paper examines the scope of judicial activism; its origin, philosophy of Public Interest Litigation, expansion in Suo Moto actions, constitutional provisions with regard to the powers of apex judiciary and its impacts on the economy of Pakistan.

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