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The objective of this study is to highlight the functioning of superior judiciary in Pakistan. Main focus has been given on Musharraf regime 1999-2008. After the independence of Pakistan in 1947, constitutional law was inherited in legacy from the British. Not long after partition from India in 1947, Pakistan was thrown into a Constitutional crisis. In the constitutions of 1956, 1962 and the 1973, the Superior Courts have been granted the power to judicially reviewed legislation as well as executive actions to ensure the enforcement of fundamental rights. However, Pakistan‘s Superior Courts have been reluctant to challenge the executive, and has not invalidated any major legislation on account of inconformity with these rights and provisions. Rather, some of the basic principles of the 1973 Constitution, including federalism and judicial independence, have been compromised by the weakness of the judiciary. Successive governments played politics with the judiciary and denied it its rightful place as a pillar of the state. All governments retained coercive powers with the executive for reasons of administrative convenience. Civil and military governments make favourable amendments in the constitution to sustain their power. The courts gave successive civil and military authoritarian governments some kind of de facto and dejure validity. Due to such decisions of judiciary it became a very controversial and weak institution. The October 1999 coup of General Pervez Musharraf and the suspension of the 1973 Constitution and the imposition of emergency were validated by the judiciary under the law of necessity. The military take over put the judiciary under pressure. Chief Justics, IftikharChaudhry, took some bold steps of public interest litigation which was seen as a threat to his military rule and as a result, he was deposed by Musharraf. But the judiciary tried to reverse the trend through judicial activism and challenged the extra-constitutional steps of the military dictator. This was a sensational episode in the judicial history of Pakistan. A countrywide lawyers‘ movement was launched for the restoration of judiciary and the end of military rule. The movement succeeded in the restoration of the judiciary and the culmination of military rule. This can be termed as the re-emergence of judiciary in a military led political environment.
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