Literature Review
Literature Review
Court once again used the doctrine of necessity and legalized the costitional
abrogation. So, another army chief took the charge. Once again judiciary failed
to protect constitution because of practical independence of it and the General
Zia ul Haw once again introduced a number of amendments and harmed the
judicial independence. (Naveed Ahmed and Syeda Mahpara Safdar,2014).
After facing another martial law by Musharaf, Pakistan adopted Eighteenth
amendment in constitution in 2010. These eighteenth and nineteenth
amendment have brought fundamental changes in judicial setup. The
amendments created the judicial commission and parliamentary committee to fill
actual or potential vacancies in the superior courts of Pakistan. The Supreme
Court examined the 18th amendment and referred the matter to the parliament
with certain suggestion(Nadeem Ahmed Advocate Vs Fedeartion of paksitan
2010). So, after this 18th amendment in the constitution, there is great say of
hope for many optimistics that judiciary is independent in Pakistan. But there is
intense need to look at functionary of judiciary that is this proposition is right? If
military courts are running in country. Are courts free enough to juridict every
matter? Another finding needs to be work on whether is there any example after
18th amendment which ensures and empowers judiciary independence. So,
answers of these ambiguous questions need to be given to make sure that
judiciary is independent in Pakistan.