UNIVERSITY OF CENTRAL PUNJAB

FALL 2023
Course Title: Pakistan Studies
Course Code: PAK 101
Assignment No. 2
Course Instructor: Ayesha Aqeel
Section: B Program: BSAI Submission Date: 20-12-2023
Maximum Marks: Obtained Marks:
Course Learning Objective:
Program Learning Objective: PLO10 Taxonomy level: C2
CLO1
TO BE FILLED IN BY THE STUDENT
Student Name: M. Asad Saleem Registration No: L1F23BSAI0006

Assignment Topic & Details:

Q: Discuss Judicial Activism in your own words. Describe the positive and
negative aspects of Judicial Activism in Pakistan and also predict the measures
to counter it.

Instructions:

1. Using Artificial Intelligence (ChatGPT, Bard AI, paraphrasing websites etc.) is strongly
prohibited. You will be marked zero if found using these tools for Assignment. Therefore,
make your assignments with honesty.
2. The template (attached) must be the front page of your assignment with complete
name and registration number.
3. Further, you are only allowed 15% plagiarism in your assignment. An increase in
plagiarism(copying) % will decrease your marks.
  Judicial Activism

 Introduction:

Judicial activism is the exercise of the power of judicial review to set aside
government acts. Generally, the phrase is used to identify undesirable
exercises of that power, but there is little agreement on which instances
are undesirable. Black's Law Dictionary defines judicial activism as a

"Philosophy of judicial decision-making whereby judges allow their

personal views about public policy, among other factors, to guide their
decisions. "

Judicial activism is the exercise of the power of judicial review to set aside
government acts. Generally, the phrase is used to identify undesirable
exercises of that power, but there is little agreement on which instances
are undesirable.

 Importance:

Judiciary is a very important aspect of every country and society. Without

justice in a society people can’t live with peace.

“Justice delayed is justice denied”.

Every country has different laws and regulation so every judiciary of a

country depends upon its Laws. An independent judiciary is vital to the
protection of all human rights. It's absolutely essential to resisting undue
influence, ensuring equality, and providing remedies for justice problems.
It's easy to understand why judicial independence is important. The role
of the judiciary in society is to be a custodian of the constitution and
guarantor of the fundamental rights of the people. The institution is
considered a sanctimonious pillar of the state, and its independence
remains most necessary to ensure social amity, political development,
peace and progress in any society. Courts have different roles to play, for
example, giving justice to people, interpreting laws, making the laws,
maintaining equity of legislation, protecting rights, getting its decisions
and judgments enforced, running of the judicial administration,
conducting judicial inquiries, etc. Since independence, our judiciary has
passed through many different phases which undermined its role.

 History:

In the early age of mankind there was no justice. People were enemies of
each other. Then ISLAM shows the rule of justice to humans that how they
can live peacefully with everyone. According to some surveys India has the
oldest judiciary in the world. No other judicial system has a more ancient
or exalted pedigree.

I. Ancient Civilizations: Early forms of legal systems and adjudication

existed in ancient civilizations such as Mesopotamia, Egypt, Greece
and Rome. These systems often involved religious or customary
 laws, with appointed individuals or councils responsible for resolving
disputes.
II. Colonial Expansion and Legal Systems: Colonial powers spread their
legal systems across the territories they occupied, influencing the
development of judicial systems in various regions. This includes the
British common law system in many parts of Asia, Africa, and the
Americas.
III. Modern Constitutional Frameworks: With the advent of modern
nation-states and constitutions, the judiciary's role became more
defined. Many countries established constitutional frameworks that
outlined the separation of powers, enshrined fundamental rights,
and provided a framework for the functioning of the judiciary.
IV. International Tribunals and Bodies: In the 20th and 21st centuries,
the establishment of international courts and tribunals, such as the
International Court of Justice (ICJ) and the International Criminal
Court (ICC), represented efforts to adjudicate disputes between
states and address international crimes.

Judicial Activism in Pakistan:

 History:

Pakistan came into existence on AUGUST 14,1947. There were so many

consequences for Pakistan to face at that time and one of the was to make
a constitution. Before the constitution Pakistani judiciary initially operated
within conventional boundaries, adhering largely to legal formalities and
avoiding significant intervention in policy matters. In the 1950s, Chief
Justice Muhammad Munir delivered the historic decision in the 'Munir
Report' following the 'Rawalpindi Conspiracy Case.' The report outlined
the legality of martial law and its implications for constitutional
governance. During Zulfikar Ali Bhutto's regime in the 1970s, the Supreme
Court asserted itself in several cases, particularly in the 'Nusrat Bhutto
Case,' challenging the government's authority and expanding the scope of
judicial review. In response to the military rule of General Zia-ul-Haq in the
late 1970s and 1980s, the judiciary showed relative restraint due to the
constraints imposed by martial law. Total three (3) constitutions were
imposed in Pakistan 1956, 1962, 1973.

 Effects on Pakistan judiciary:

Some of main effects of Pakistan judiciary are given in the following;

1) Political effect: politics have been a main reason for every negative
and downfall of Pakistan. There are many reasons for bad politics on
Pakistan that has not only effect political structure but also had huge
impacts on others. Instances of judicial activism, where the courts
actively intervene in governance and policy matters, have had
significant political implications. Decisions made by the judiciary,
especially high-profile cases involving disqualification of political
 leaders or inquiries into corruption, have influenced the political
landscape and power dynamics in Pakistan.
2) Constitutional Interpretation and Governance: The judiciary's
interpretations of the Constitution and its rulings on matters related
to governance, electoral processes, and fundamental rights often
shape political discourse and decision-making. This influence extends
to issues such as election laws, the functioning of state institutions,
and the scope of executive authority.
3) Challenges to Judicial Independence: according to constitution of
pakistan judiciary system of pakistan is free and there no preesure
on them of any kind and they can take right decisions firmly. Political
interference or attempts to undermine judicial independence, either
through legislation or executive actions, have posed challenges to
the judiciary's autonomy. Ensuring an independent judiciary free
from political pressures remains a crucial aspect of maintaining the
rule of law.

Positive And Negative Aspects Of

Judicial Activism In Pakistan:

 NEGATIVE:
a. Overreach of Judicial Powers: One of the primary criticisms of
judicial activism is the perception of the judiciary overstepping its
boundaries and encroaching upon the domains of the executive and
 legislative branches. This can disrupt the delicate balance of powers
prescribed by the Constitution.
b. Selective Justice and Prioritization: Critics argue that judicial
activism sometimes displays selectivity in cases it takes up, focusing

more on high-profile or politically sensitive cases while neglecting

other pressing societal issues or cases affecting marginalized
communities.
c. Impact on Governance and Stability: Excessive judicial intervention
in governance matters can create instability or governance issues.
Frequent interventions might impede the government's ability to
function smoothly and implement policies effectively.
d. Delays in Justice Delivery: In some cases, prolonged judicial activism
can contribute to delays in the delivery of justice. Lengthy legal
proceedings and repeated adjournments, especially in high-profile
cases, can hinder the timely resolution of disputes.
e. Potential Impact on Investor Confidence: Continual judicial
interventions and uncertainties arising from them might impact
investor confidence in the country's stability and legal system,
potentially affecting economic growth and development.

 POSITIVE:
a. Protection of Fundamental Rights: Judicial activism has played a
crucial role in safeguarding fundamental rights enshrined in the
Constitution of Pakistan. The judiciary has actively intervened to
 protect citizens' rights to freedom of speech, fair trial, due process,
and access to justice.
b. Accountability and Anti-Corruption Measures: The judiciary's
proactive stance has led to increased accountability of public
officials. High-profile cases involving corruption allegations against
politicians and government officials have been brought to light,
resulting in investigations, trials, and convictions, which have helped
in curbing corruption to some extent.
c. Promotion of Good Governance: By intervening in matters of
governance and policy, the judiciary has emphasized the importance
of good governance practices. It has directed attention to
administrative shortcomings and inefficiencies, advocating for better
governance structures and practices.
d. Enhanced Public Awareness and Participation: Landmark cases and
judicial interventions in public interest matters have raised
awareness among the general public about their rights and the
importance of legal processes. It has encouraged citizen engagement
and participation in matters affecting society.

While judicial activism in Pakistan has faced criticism and debates,

especially regarding the limits of judicial intervention, these positive
aspects underscore the judiciary's role in upholding the rule of law,
protecting citizens' rights, and promoting good governance in the country.

Pakistan is one of those countries where most of the time judiciary system
Is not independent fully. Judges ,jury often are threatened.

Steps to make judiciary system safe and efficient:

Judicial Independence and Autonomy: Safeguarding the independence of

the judiciary from undue influence by the executive or other branches of
government is crucial. Establishing secure mechanisms to protect judges
from political interference

Access to Justice: Ensure equal access to justice for all citizens, regardless
of their socio-economic status or geographical location. Establish legal aid
programs, improve court infrastructure, and promote alternative dispute
resolution methods to expedite case resolution.

Technology Integration: Embrace technological advancements to

streamline court processes. Implement e-filing systems, online case
management, and video conferencing for hearings to improve efficiency
and reduce paperwork.

Public Awareness and Education: Promote legal literacy and awareness

among citizens about their rights, responsibilities, and the functioning of
the judicial system. This can empower individuals and communities to
engage effectively with the legal system.