Executive Intervention in Judicial Independence in Pakistan: An Overview of the Past

Abstract

This paper intends to investigate how the executive had interfered in the role of the judiciary of Pakistan by violating the fundamental concept of separation of power in the past. It identifies when the judiciary is not independent then the miscarriage of justice becomes the fate of the society. Therefore, it fills the gap by describing how an independent judiciary can be ensured by formula of separation of power. The qualitative method has been used to get the clear image of intervention of the executive in the independence of the judiciary in the past. For this the primary and secondary resource have been examined to investigate the issue in hand. It scrutinizes the existing literature and data related to the history of judiciary critically and formulates recommendations to enhance the role of independent judiciary for the betterment of rule of law and justice. It further explores that intervention of the executive in the role of judiciary violates the doctrine of separation of power consequently, affects democracy and its values.  Therefore, this paper explores and recommends strategies and recommendations for judicial independence that can be ensured by proper execution of separation of power and systemic institutionalization. The findings of this paper would be a meaningful contribution in the existing literature.

         Keywords: separation of power, independence of judiciary, interference of executive, legislature, intimidation of judges