Impact of Judicial Activism in Pakistan

Abstract

Unprecedented wave of judicial activism has been witnessed in Pakistan
since 2001. The fundamental rights guaranteed in the Constitution of
Pakistan has broadened the scope of Judicial Activism and the volume of
public interest litigation “PIL” has been expanding in all walks of life.
Consistent and continuous exercise of judicial authorities by the
Supreme Court of Pakistan “SCP” through “Suo Moto” (action on
court’s own motion) jurisdiction4
have political, social, economic impacts.
The Apex Court of Pakistan has delivered many judgments under Article
184 (3) of Constitution of Islamic Republic of Pakistan and assumed “Suo
Moto” jurisdiction on the matters of public interest since 2001. Moreover,
the Apex Court also declared many constitutional amendments, statutes
and governmental policies null and void. The Judgments delivered by the
Apex Court in these cases would have their long-lasting implications.
Through this article I shall examine the likely outcomes of public interest
litigation in the political and constitutional arena of Pakistan. Suo Moto
actions by Supreme Court as a routine matter raise serious questions
regarding the functioning of the executives and fulfillment of international
obligations created through various treaties and agreements signed by
Federal Government of Pakistan. Keeping in view the issues this paper
examines the scope of judicial activism; its origin, philosophy of Public
Interest Litigation, expansion in Suo Moto actions, constitutional
provisions with regard to the powers of apex judiciary and its impacts on
the economy of Pakistan.