JUDICIAL ODYSSEY: ROLE OF PAKISTANI COURTS FROM 1947 TO 2018

الملخص

This paper provides an in-depth analysis of historical journey of Pakistan’s judiciary from 1947 to 2018. It analyzes the judiciary’s substantial role in the country’s political and social landscape, highlighting its struggle for independence from the powerful executive and Military. The judiciary’s key decisions, including those that validated military takeovers through the Doctrine of Necessity, are discussed, beginning with the landmark Maulvi Tamiz-ud-Deen case. Many regimes set up parallel courts and changed laws to do so despite constitutional safeguards for the judiciary. The legacy of colonialism and hierarchical structure such as the Supreme Court, High Courts, and District Courts & Federal Shariah is described in-article. Analyses the role of judiciary under the 1973 Constitution focusing on powers and duties with reference to other provisions. The paper explores the judiciary's phases post-independence, marked by significant cases such as the Federation of Pakistan vs. Maulvi Tamizuddin Khan, State vs. Dosso, Asma Jilani vs. Government of the Punjab, and the judicial activism era led by Chief Justice Iftikhar Muhammad Chaudhry.