SEARCH ARTICLE

16 Pages : 152-159

http://dx.doi.org/10.31703/gssr.2020(V-IV).16      10.31703/gssr.2020(V-IV).16      Published : Dec 2020

Balancing and Rebalancing of Judicial Autonomy: a Critical Analysis of Basic Structure Theory

    With its restoration in March 2009, the judiciary exceptionally emerged as an independent state organ and sought autonomy from parliament, which embarked on another avenue of confrontation between these two organs. Considering past experience, parliament was committed to imposing modest restraints on the judiciary and ensured its representation in the process of judicial appointments to the Superior Courts in the form of the 18th Constitutional Amendment, which the court considered as an attack on its autonomy. With the help of qualitative research methodology, this research aimed to investigate the post-2009 judicial-legislative transition, which apparently started up with their confrontation and imbalance between these organs. Both state organs are striving to identify their constitutional bounds, which will ultimately lead to equilibrium between these organs.

    Judicial Autonomy, 18th Amendment, 19th Amendment, Constitution, Basic Structure Theory.
    (1) Bakht Munir
    Lecturer, Institute of Languages and Linguistics, University of the Punjab, Lahore, Punjab, Pakistan.
    (2) Um e Noreen
    Lecturer, College of Law, University of Lahore, Lahore, Punjab, Pakistan.

46 Pages : 450-457

http://dx.doi.org/10.31703/gssr.2020(V-I).46      10.31703/gssr.2020(V-I).46      Published : Mar 2020

Civilianization of Military Rule in Pakistan: A Study of Musharrafs Era (2005-2008)

    The Military s involvement in the political system of Pakistan began from the mid-1950s and continued verily as a guardian, a praetorian, or ruler on various occasions. Its disengagement, after the direct intervention, remained usually slow and gradual. Hence, it took a long time for disengagement and created a power-sharing model instead of transferring power to the civilian elite. The pattern of civilianization adopted by the Ayub Khan and Zia-ul-Haq was also adopted by the Musharraf regime with few changes. In his early days, though, General Pervaiz Musharraf demonstrated intention for economic revival, accountability, devolution of power, and democratic consolidation as his foremost goals and took some steps towards that direction but he abruptly reversed those steps when he sensed a threat to his dominating position in a self-created system. This paper is an attempt to critically analyze the process of civilianization during the period under consideration based on the theoretical framework and practical norms of the democratic system.

    Civilianization, Constitutional Institutions, Emergency, Martial Law, Military Regime.
    (1) Sughra Alam
    M. Phil Scholar, Department of Politics and IR, University of Sargodha, Sargodha, Punjab, Pakistan.
    (2) Muhammad Nawaz Bhatti
    Associate Professor, Department of Politics and IR,University of Sargodha, Sargodha, Punjab, Pakistan.
    (3) Asia Saif Alvi
    Assistant Professor,Department of Politics and IR,University of Sargodha, Sargodha, Punjab, Pakistan.

02 Pages : 10-16

http://dx.doi.org/10.31703/gssr.2019(IV-III).02      10.31703/gssr.2019(IV-III).02      Published : Sep 2019

Politics of Identity and Redrawing the State Boundaries in India: An Historical Perspective

    This article will examine the idea of new states/provinces in India. How India created 16 new states on ethno-lingual, and other lines and accommodate the ethnic groups. The case study of India is focussing on the different factors; including constitutional setup and role of different political parties of India in making of the new state. The following three basic questions investigate the paper’s perspective. First; what has been the basis of demands for the creation of new states in India? Second; what are the main hurdles in the reorganization of state and what urged the redemarcation of states in India? Third; what has been the stance of political Parties about the creation of new states in Indian state?

    Re-demarcation, Subnationalism, Re-organization, Indian constitution, Ethnic, Identity Politics group, Indian states.
    (1) Muhammad Shoaib Malik
    Assistant Professor,Department of Pakistan Studies, NationalUniversity of Modern Languages Islamabad, Pakistan.
    (2) Azhar Mahmood Abbasi
    Lecturer, Department of Pakistan Studies,National University of Modern Languages, Islamabad, Pakistan.
    (3) Saima Gul
    Lecturer, Department of International Relations, University of Peshawar, KP, Pakistan

20 Pages : 356-368

http://dx.doi.org/10.31703/gssr.2018(III-II).20      10.31703/gssr.2018(III-II).20      Published : Jun 2018

Prospects of Federalism in Pakistan

    Federalism is created by a state having heterogeneous population with a desire to have provisions for adequate distribution of economic resources within a democratic form of government. The economic interaction is usually guaranteed by the constitutional arrangement of the land. The desire for the creation of a federation may be the economic interaction, interdependence on each other by the Centre and federating units. Proper distribution of powers between the Centre and Federating Units flourish when the residuary powers are vested in the federating units. The 18th Constitutional Amendment made a landmark in the history of Pakistan as it introduced a paradigm shift in the democratic set-up of the country. This shift had long been cherished by most of the mainstream political parties as it gives an opportunity to the ruling parties to complete the tenure of the government.

    Federalism, Units, Constitution, Council of Common Interest
    (1) Muhammad Tariq
    PhD (Political Science), Department of District Education, Mardan, KP, Pakistan.
    (2) Muhammad Shoaib Malik
    Assistant Professor, Department of Pakistan Studies, National University of Modern Languages, Islamabad, Pakistan.
    (3) Ghulam Qumber
    Deputy Director, Research and Publications ISSRA National Defence University, Islamabad,Pakistan.

27 Pages : 278 -285

http://dx.doi.org/10.31703/gssr.2021(VI-II).27      10.31703/gssr.2021(VI-II).27      Published : Jun 2021

Judicial Observations over the Doctrine of Unconstitutional Constitutional Amendment in Pakistan: A Critical Appraisal

    The legal fraternity and some political parties around the country challenged the twenty-first constitutional amendment, enacted by the Parliament of Pakistan. The petitioners contended that the Legislature amended the basic features of the Pakistan Constitution beyond its scope of amending power and liable to be declared unconstitutional. However, some of the judges of the apex Court of Pakistan adopted the former judicial approach. They ruled that the apex court had no authority to annul any amendment when it became a formal part of 1973’sConstitution. The apex court further stated that the impugned amendment might be taken under consideration if it was found that the required constitutional procedure for amendment did not comply with it. This research aims to critically analyze observations of the apex court about examining the constitutional amendment on the yardstick of repugnancy with the basic features of the Constitution of Pakistan. For achieving the proposed objective, this study adopts a doctrinal research method. It carries out an in-depth analysis from the perspective of modern Constitutionalism,juristic literature, and judgments of the superior courts of various States to support the study.

    Amendment, Constitution, Pakistan, Judicial Review, Basic Structure, Supreme Court, Implicit Limitation
    (1) Muhammad Hassan
    Visiting Lecturer, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan
    (2) Amjad Hussain
    Assistant Professor, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan
    (3) Aas Muhammad
    Lecturer, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan

38 Pages : 418-424

http://dx.doi.org/10.31703/gssr.2023(VIII-I).38      10.31703/gssr.2023(VIII-I).38      Published : Mar 2023

An Investigation of India's and Pakistan's Legal Systems through the Lens of Rule of Law

    The rule of law furthers the goals of nationhood and peace throughout developmental processes. It's the bedrock of a free society, and democratic values are nothing more than a buzzword if the courts aren't entirely independent and the legislature and president don't treat them with the respect they deserve. Respect and autonomy thrive when one state institution may rein in the authority of another state institution (a phenomenon known as "horizontal accountability"). The principle of separation of powers among governmental authorities is essential to the rule of law. This paper will compare the rule of law in India and Pakistan, with a particular emphasis on the role of the judiciary in each country's legal system. It will also investigate the facts surrounding the question of whether or not governmental powers are constrained when it comes to protecting citizens' basic liberties. At the same time, the effects of a purely hypothetical version of the rule of law on its observance will be examined. The study will also compare and contrast the two nations' levels of representative government and the ease with which citizens may obtain civil justice.

    Rule of Law, Constitutionalism, Legal System, India and Pakistan
    (1) Saadat Ali Nadeem
    PhD Scholar Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan.
    (2) Rao Imran Habib
    Professor, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan.
    (3) Malik Zia-ud-Din
    Assistant Professor, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan.

14 Pages : 135-144

http://dx.doi.org/10.31703/gssr.2024(IX-IV).14      10.31703/gssr.2024(IX-IV).14      Published : Dec 2024

The Role of Islam in Shaping Pakistan's Political Identity and Governance

    This study examines the influence of Islam in shaping Pakistan’s political identity and governance, analyzing the ways Islamic principles and values have been integrated into the nation’s constitutional and institutional frameworks. Since its inception, Pakistan has sought to balance Islamic ideology with modern statecraft, creating a unique model of governance that intertwines religious ideals with political structures. This paper investigates the historical foundations of Islam's role in Pakistan’s political development, exploring how Islamic concepts have influenced legal, social, and policy domains. By studying key constitutional amendments, political movements, and policy shifts, this research sheds light on the complex relationship between religion and state governance in Pakistan, highlighting both the achievements and challenges of incorporating Islamic ideals into contemporary political systems.

    Islam, Pakistan, Political Identity, Governance, Constitutional Framework, Islamic Ideology, Statecraft
    (1) Sara Gurchani
    Lecturer, Department of Pakistan Studies, National University of Modern Languages (NUML), Islamabad, Pakistan.
    (2) Tazeem Imran
    Lecturer, Department of Pakistan Studies, National University of Modern Languages (NUML), Islamabad, Pakistan.
    (3) Uzma Malik
    Lecturer, Department of Pakistan Studies, National University of Modern Languages (NUML), Islamabad, Pakistan.