JUDICIAL ACTIVISM AND DEMOCRACY IN PAKISTAN: A CASE STUDY OF CHIEF JUSTICE SAQIB NISAR ERA

Abstract

A sovereign state is comprised of threeimportant organs that are Legislature, Executive and Judiciary. These organs have their respective routs and way of actions and the concept of separation of power is also in field to run the business of a state smoothly. Now a daya term is used speciallyin Pakistan “Judicial Activism” that is frequently used after the restoration of judiciary. Judicial activism means judicial review of the matters involving fundamental rights and constitutional issue or invalidate legislative or executive actions. In therecent judicial history of Pakistan apex judiciary used their suo motu powers to resolve the social, constitutional and political matters such as kite flying banning to fundraising for dams and sexually abused child’s matter to disqualification of an elected prime minister. Especially when Mian Saqib Nisar become Chief Justice of Supreme Court of Pakistan, he took unprecedented suo motu notices and sometimes exceeds its powers. In this era there is a great impact on the democratic institutions when Mian Saqib Nisar disqualify the prime minister Mian Nawaz Sharif and used the executive powers. His era is the extreme of judicial activism in Pakistan. In this study ‘judicial activism and its impact on democracy’ are discussed and political dimensions and implications also be observed. Keywords: Democracy, Judicial Activism, Chief Justice Saqib Nisar Era, Pakistan