Relationship of Superior Judiciary and Executives During Democratic Regimes in Pakistan: An Analytical and Historical Study

Abstract

An independent, impartial and robust judiciary is a condition precedent for a successful democracy. Its role becomes more important in fragile democracies like Pakistan. Therefore, this research paper involves the analytical and historical study of relationship between superior judiciary and political democratic regimes in Pakistan. Since its independence the democracy in Pakistan has been facing multifarious constitutional and political crisis. Each time there was a constitutional or political crisis, the higher judiciary has been asked to play its constitutional role. The apex judiciary of Pakistan was brought into political arena by the politicians thereby asking the judiciary to answer the political questions. This research paper finds that unfortunately, the role of the judiciary in those crises was not appreciated in the constitutional and judicial history of Pakistan respectively. Similarly, the apex judiciary of Pakistan had often strained relations with political regimes. The political governments have been trying to subjugate the judiciary whilst the Judiciary have been involved in the game of thrones. This tussle between the executive and the judiciary sometimes led to the demise of democracy in Pakistan and imposition of martial laws.