Evolution of Government-Judiciary Relations (1947-2008): A Historical Study

Abstract

Pakistan is a federal democratic country in which the judiciary holds a strong and significant position as an organ of the state. Alongside the executive and the legislature, the judiciary plays a crucial role not only in delivering justice but also in interpreting the laws enacted by the legislature and resolving disputes between the other two organs of the state as well as among the provinces. Since Pakistan’s independence in 1947, the role of the judiciary has remained controversial. On one hand, ruling parties have often attempted to influence or control the judiciary; on the other hand, through its judgments, the judiciary has itself shaped the political landscape of the country. This paper focuses on the evolution of the judiciary from 1947 to 2008. because after 2008 the new phase of judiciary emerged after the lawyer’s moment. It primarily addresses the research question of how the judiciary’s role has varied across different periods and how it has been treated by both military and democratic governments. In addition to examining the structure and inherited features of the judicial system, the paper analyzes six major phases: the initial years (1947–1958), the twelve years of martial law (1958–1971), the Bhutto era (1971–1977), General Zia’s regime (1977–1988), government–judiciary relations in the 1990s (1988–1999), and General Pervez Musharraf’s era (1999–2008).

Key words: Judiciary in Pakistan, Judicial Independence, Judicial Activism, Executive–Judiciary Relations, Constitutional History (1947–2008)