SEPARATION OF POWERS AND HISTORY OF JUDICIAL INDEPENDENCE IN PAKISTAN

Abstract

The goal of the "separation of powers" idea is to shield the populace from the rulers' capricious, unchecked, and reckless actions. Democracy all over world feel that tyranny and unlawful rule of the State can be eliminated by applying the division of powers in its correct context. The idea of "Separation of Powers" lacked a precise position in Pakistan. Since Pakistan's founding in 1947, the executive branch has been able to exercise its own judicial and legislative power. This technique shaped Pakistan's precarious democracy and brittle political structure. As a result, military forces had repeatedly overthrown civilian governments.

Courts were prepared to use justifications like the "law of necessity" to support the military takeover. The judicial branch in the nation finally began operating as a truly independent institution in 2009, following the reinstatement of Chief Justice Chaudhry. This marked the first instance in Pakistan's political history of a division of powers. This article investigates four instances from the aforementioned period to determine whether or not Pakistan actually practices separation of powers.