Abstract
Good governance and Rule of Law are inter-connected phenomenon. Good governance is
required at all levels. To uphold the good governance it is the collective duty of the state
institutions to perform efficiently under the umbrella of the Supreme Law of the land. “The
existence of massive corruption, institutional clashes, Constitutional crisis and lack of
accountability, poor law and order conditions may harm the good governance in the country”. To
strengthen the good governance is the prime responsibility of the Executive and when the
Executive failed to take measures to uphold the governance, resultantly, the Rule of Law will be
in danger. Ultimately the Judiciary has to come forward to take action for the promotion of
“Good Governance”, “Rule of Law” and enforcement of the “Fundamental Rights” of the people
like health and education, because the Judiciary is the custodian of the Constitution and the
fundamental rights of the masses. A debate in country has aroused in these days, that whether the
Courts are exercising their powers beyond their Constitutional domain or not? In the response of
this debate, the recent case law study and Constitutional provisions depicts that in all recent suomoto cases the “Supreme Court of Pakistan” has exercised its power in Constitutional
Jurisdiction as envisaged in “Article 184(3) of The Constitution of Islamic Republic of Pakistan,
1973”, Moreover, after the analysis of the Constitutional provisions the author is of the view that,
in the current regime the Honourable Chief Justice of Pakistan has not transgressed his powers
beyond the Constitutional provisions which are explained in this Article as Constitutional
manacles on the jurisdiction of the superior Courts of Pakistan. Most of the recent suo-moto cases
on health and education issues come under the preview of the matter of public importance.
Naeem Ullah Khan . (2018) Constitutional Manacles on Superior Court’s Jurisdiction and Recent Scenario on Public Interest Litigation in Pakistan, South Asian Studies, Volume 33, Issue 2.
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