Judicial Activism Under Article 184(3) of the Constitution of Pakistan-1973

Abstract

The aim of this research work was deemed to study about the role of judiciary in the prospective of Article 184(3) of the constitution in the eyes of Jurists and other legal bodies. Additionally, this research study presents the variables that set off judicial activism in Pakistan and also to evaluate the pros & cons on the part of the Executive and Legislature. The term Judicial Activism is used for the dynamic interference of judiciary in the state affairs. Article 184(3) of the Constitution empowers the Supreme Court of Pakistan to take "suo-motu" notices on issues related to the public interest and review any enactment which is repugnant to the Constitution. For this purpose, analytical research methodology was adopted and therefore different case laws, articles, journals and newspapers were studied and critically analyzed during the instant research in order to evaluate the significance of judicial activism in Pakistan? And also, to know that why the term “judicial activism” is judgmental when called in political paradigm. During this study it was transpired that judicial Activism is if excessively used can harm the norms & prestige of judiciary and also detrimental to the democratic setup of a state. It was therefore recommended that the parliament should specifically define the terms Judicial Activism and Public Interest Litigation. Similarly, it was also recommended that the Supreme Court of Pakistan should enquire the matter before taking cognizance in terms of Suo-Moto. Media should also avoid yellow journalism by highlighting every petty issue on political grounds.

  Keywords: judicial activism, Suo-motu, Article 184(3), Constitution of Pakistan 1973, proactive judiciary, Supreme Court of Pakistan.