Suo Moto Action and Judicial Discretion in Pakistan: A Comparative Legal Framework Analysis

Abstract

This paper critically analyzes the concept of inherent jurisdiction and suo motu powers of the Supreme Court of Pakistan, particularly under Article 184(3) of the Constitution of 1973. The study explores how the judiciary has expanded its powers beyond the constitutional text, enabling itself to hear matters of public importance involving fundamental rights, often without a formal petition. It further examines Section 151 of the Civil Procedure Code (CPC) 1908, which recognizes inherent powers to prevent abuse of court process and ensure justice, and draws parallels with the Criminal Procedure Code (CrPC). The analysis highlights how these powers, although unwritten, serve as essential judicial tools, while also cautioning against their potential misuse and judicial overreach. By comparing statutory interpretation with textual provisions, the paper questions the legitimacy of the expansive use of suo motu powers and proposes procedural safeguards to ensure accountability and respect for the separation of powers principle in Pakistan’s legal system.

Keywords: Constitution, Criminal, Civil, Inherent Power, Judicial Overreach, Separation Of Power, Article 184(3)