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1. Paradoxes of Judicial Independence: Issues and Challenges of Constitutionalism in Pakistan

Author:
Sadia Mahmood Falki and Aisha Shahzad
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Pakistan has oscillated between weak civilian rules and military regimes throughout its history. Military co-option with the judiciary, alongside few exceptions commenced an era of dissolutions in 1988. This led to develop an institutional imbalance which undermined the representative institutions by upholding the presidential orders to dismiss federal and provincial assemblies in Pakistan. The judiciary in Pakistan largely remained a reactionary institution as it endeavored for the self-preservation rather than upholding the constitutionalism and enforcing the rule of law. Judiciary‟s political assertiveness during the decade of 1990s by addressing the political questions led to decline of its impartial character. This research expounds that judiciary‟s informal support for military increased the federal challenges of Pakistan and enhanced the authoritarian features of the state. This paper also explicates that by validating the dismissals of the representative institutions and authorizing the military regimes to amend the constitution, Judiciary compromised its judicial independence, which is one of the salient features of Constitution of 1973. Keeping in view the nature of case study and employing qualitative approach of research, this paper largely addresses the key question that how judicial Independence is relevant to the issues of federalism and democracy in Pakistan.
Topic:
Democratization, Development, Constitution, Judiciary, Federalism, Independence, and Civil-Military Relations
Political Geography:
Pakistan and South Asia

2. Theory of Separation of Power: Balancing the Civil- Military Relations in Pakistan 2013-2018

Author:
Zahid Mahmood and Muhammad Iqbal Chawla
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
While broadly speaking the framework of separation of power is not fully executed which has caused institutional tangle in the history of Pakistan, however, the main objective of this research paper is to re-investigate the relationship between the civil and military leadership in the period 2013-2018. The elemental premise of this article is that the civilian and military leadership has generally squabbled during the civilian rule. This paper contends that this wrangle has left a majority of people of Pakistan with undelivered promises and their woes have generally multiplied. Generally speaking, perception abounds that form over substance approach proliferates in the present democratic set-up. There is an impression that the military schemes surreptitiously to destabilize the civil governments if the latter does not play to the whims of the former. The relations between the two power-centres embittered during the period 2013-2018 and it is generally believed that such tensions led to events like the dharna (sit – in) by the PTI/PAT, Tehreek-i-Labbayak protests/sit-ins and the disputed election results of 2018. Right or wrong, but there is an impression that military has generally tried to transgress its limits and meddled in the affairs of the civil administration in order to punish the ‘corrupt civilians’ for their corrupt practices. The relationship of civilian and military leadership in this article discusses specifically the instances which created tussles between both the leadership during the 2013-2018 periods. Again, the civilian leadership is facing the charges of corruption and since the matter is sub- judice, this paper constraints from considering these politicians corrupt or innocent but the main argument of the paper is that whether it is direct or indirect military interference the main allegation against the politicians is corruption. Therefore, this paper will try to find the answer to the following queries: what is the conduct of the civil governments how the civilians irritate the military and other institutions why the military takes interest into the civilian matters and why military needs to policing the civil governments and what factors caused the downfall of Mian Nawaz Sharif government. The underlying hypothesis of the study is that the theory of separation of power is not fully implemented in Pakistan which has been causing institutional clash and powerful institutions overpower the weaker and in case of Pakistan’s parliament is the weakest institution. However, this paper will like to recommend to go for the basics of democracy ‘Separation of power’ to ensure continuation and consolidation of democracy.
Topic:
Civil Society, Governance, Political Power Sharing, Military Government, and Civil-Military Relations
Political Geography:
Pakistan and Middle East