Abstract
In Pakistan, The judiciary takes on the driving seat particularly in the last decade. The judiciary
takes up all the cases of Public Interest litigation (PIL), ranges from the inconsequential cases of
kite flying to the privatization of national institution and to the constitutional cases. This proactive role of judiciary has created apprehensions not only in Pakistan but at international leval
too. The opponents of judicial activism hold that it cross its jurisdictional limits and interfere in
the matters which are purely the prerogative of executive and legislature. The recurrent use of
judicial powers by the Pakistan’s apex court under the suo moto jurisdiction has taken up all the
matters i.e. social, economic, political and constitutional. Pakistan has adopted the parliamentary
democracy under the separation of power. The proactive role of judiciary violates the very
principle of this theory by crossing its limits. The present research focuses on (i) The concept,
origin and scope of judicial activism (ii) The impact of judicial activism in the political,
constitutional and democratic process of Pakistan. The research will conclude that judiciary
needs to adopt the policy of self-restraint rather than self-indulgent. Adherence to the democratic
principle of separation of powers completely, Pakistan can build a strong democratic political
system.
Kishwar Munir, Iram Khalid. (2018) Judicial Activism in Pakistan: A Case Study of Supreme Court Judgments 2008-13, South Asian Studies, Volume 33, Issue 2.
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