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Title Judiciary & Democracy in Paksitan: (2002-2008)

Author(s) Aniqa Begum

Abstract Judiciary and democracy are hot debate topics, which have made the political and constitutional history very interesting. This study therefore shed spots light on the era of Musharraf’s Military government from the perspective of judiciary role in strengthening democracy. In the history of Pakistan the initial involvement of the military in politics led to the formation of a hierarchical government in which the military has always dominated. The evidence from history suggested that the military has always enjoyed dominance over this power while influencing the other state institutions including judiciary and legislature. To prolong their tenures, the military dictator tried to include people in their power politics through direct means which resulted in the formation of the particular political class which was loyal to their military bosses. Contrary to that, resentment among the people also developed which suggests that the continuous but slow development of democracy; separation of East Pakistan being an example of the military took over whenever this political class threatened to acquire more shares in the power. On the other hand, every military rule had always been validated by the judiciary which suggests that the judiciary had always played the subservient role and allowed the military to influence the institutions. Various evidences from history support this argument. Judiciary had its conflicts with peoples’ representatives but never remained in direct conflict with Military till 2007. General Musharraf took power in 1999, ousted the sitting government. The history repeated itself and his rule was validated by the judiciary although General Musharraf dismissed the sitting chief justice of Pakistan. As per the military tradition of rule, General Musharraf started a local government system to include people in politics. The massive flow of information on behalf of multiple news outlets accelerated the process of democracy. The superior judiciary which had been working under the PCO started to take sou moto actions. The judiciary interfered in the privatization process initiated by General Musharraf which led to conflicts between the two institutions. General Musharraf removed the chief justice yet again which he had done in the past. However, the whole judicial setup turned against the military regime and started movement. The media courage, inclusion of political parties, and return of exiled political leaders increased the magnitude of this movement which led to the establishment of the democracy in 2008. The movement later established judiciary public support at its back, it succeeded in acquiring a share of power.

Type Thesis/Dissertation

Faculty Social Sciences

Department Pakistan Studies

Language English

Publication Date 2021-12-14

Subject Pakistan Studies

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