Judgment Reviews Law at Pakistan
Pakistan's judicial review system is a cornerstone of its constitutional framework, ensuring that laws and executive actions comply with the Constitution. This system is primarily governed by Article 184(3) of the Constitution, which grants the Supreme Court the authority to review matters of public importance related to the enforcement of fundamental rights.
⚖️ Judicial Review Framework
1. Constitutional Basis:
Article 184(3): Empowers the Supreme Court to take suo motu notice of matters involving the enforcement of fundamental rights and to make appropriate orders or directions.
Article 188: Allows the Supreme Court to review its judgments and orders, subject to the rules it may frame.
2. Judicial Mechanisms:
Writ Jurisdiction: The High Courts have the authority to issue writs such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto to ensure that public authorities act within their legal bounds.
Review Petitions: Under Article 188, the Supreme Court can review its own judgments and orders. However, the scope and process of such reviews have been subjects of legal scrutiny.
🏛️ Recent Developments in Judicial Review
1. Supreme Court (Review of Judgments and Orders) Act, 2023:
**Enactment:**In May 2023, the government enacted the Supreme Court (Review of Judgments and Orders) Act, 2023, aiming to expand the scope of review petitions and provide a mechanism to challenge judgments passed under the Court's original jurisdiction (Article 184(3))
**Supreme Court's Verdict:**In August 2023, the Supreme Court unanimously declared the Act unconstitutional, stating that it was "repugnant to and ultra vires the Constitution." The Court held that Parliament could not legislate on matters related to the Supreme Court's jurisdiction and powers, emphasizing that such changes require a constitutional amendment
2. Judicial Activism and Accountability:
**Judicial Activism:**The Supreme Court has occasionally exercised judicial activism, intervening in matters traditionally within the executive's domain. For instance, in 2022, the Court ruled that national security claims by the government must be substantiated with evidence to justify actions infringing upon citizens' rights
**Accountability Cases:**The Court has been involved in high-profile accountability cases, such as the review of former Prime Minister Zulfikar Ali Bhutto's trial, where it ruled in 2024 that he did not receive a fair trial before his execution in 1979
📌 Summary
Pakistan's judicial review system is designed to uphold the Constitution and protect fundamental right. While the Supreme Court has the authority to review its judgments, recent attempts to legislate changes to this process have been struck down as unconstitutiona. The judiciary continues to play a pivotal role in ensuring accountability and the rule of law, even as it navigates the complexities of judicial independence and executive authorit.
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