Role of judiciary in shaping administrative law in Pakistan
Role of Judiciary in Shaping Administrative Law in Pakistan
Overview
The judiciary in Pakistan plays a critical role in shaping administrative law by interpreting constitutional provisions, reviewing administrative actions, and safeguarding citizens' rights against arbitrary exercise of power by the executive.
Pakistan’s administrative law draws heavily from common law principles, especially those inherited from British jurisprudence, but has evolved with local context through landmark judicial decisions.
The courts exercise judicial review over administrative actions, ensuring that government agencies act within their legal boundaries, respect due process, and uphold fundamental rights.
The judiciary has contributed to the development of principles such as natural justice, fairness, reasonableness, and rule of law in administrative actions.
Important Case Laws in Pakistan on Administrative Law
1. PLD 1972 SC 139 (The Maulvi Tamizuddin Khan Case)
Facts: This case challenged the dissolution of the Constituent Assembly by the Governor-General.
Judgment: The Supreme Court controversially upheld the Governor-General’s action, emphasizing the doctrine of necessity.
Significance: Although this case initially showed judicial deference to executive power, it sparked debates and laid groundwork for later assertions of judicial independence.
Administrative Law Principle: Highlighted the need for judicial checks on arbitrary executive action, setting the stage for future judicial activism.
2. PLD 1955 FC 240 (Federation of Pakistan vs. Maulvi Tamizuddin Khan)
Facts: This case dealt with the legality of the Governor-General’s order dissolving the Constituent Assembly.
Judgment: The Federal Court struck down the dissolution as unconstitutional.
Significance: Early assertion of judicial review against unlawful executive actions.
Administrative Law Principle: Reinforced the principle that executive authorities must act within constitutional limits.
3. PLD 1975 SC 1 (Begum Nusrat Bhutto vs. Chief of the Army Staff)
Facts: The case challenged the imposition of Martial Law and suspension of constitutional rights.
Judgment: The Supreme Court accepted the doctrine of necessity to validate martial law.
Significance: This case reflects the judiciary's complex role—sometimes endorsing extra-constitutional acts under necessity, but also shaping administrative law doctrines around limits of power.
Administrative Law Principle: Balances between judicial activism and restraint; highlights challenges in upholding rule of law.
4. PLD 1989 SC 633 (Messrs Karachi Electric Supply Corporation Ltd. vs. WAPDA)
Facts: The case involved administrative decisions regarding supply contracts and their fairness.
Judgment: The court emphasized that administrative decisions must be reasonable, fair, and based on relevant facts.
Significance: Strengthened principles of reasonableness and fairness in administrative decision-making.
Administrative Law Principle: Upholds natural justice and protects against arbitrary administrative action.
5. PLD 1993 SC 64 (Pakistan v. Muhammad Nawaz Sharif)
Facts: Challenged the dismissal of an elected government under Article 58(2)(b) of the Constitution.
Judgment: The Supreme Court validated the dismissal but laid down guidelines for judicial review in such matters.
Significance: This case underscored the judiciary’s role in balancing constitutional powers between executive and legislature.
Administrative Law Principle: Demonstrates the judiciary's role in defining scope and limits of executive discretion.
Summary
The judiciary in Pakistan has been pivotal in defining the boundaries of administrative power and protecting citizens against arbitrary actions.
Through judicial review, courts ensure government bodies act within legal limits and respect fundamental rights.
Landmark cases show a complex interplay between judicial restraint (sometimes validating extra-constitutional acts under necessity) and judicial activism in defending rule of law.
Principles such as natural justice, fairness, reasonableness, and procedural propriety have been emphasized by the courts.
The judiciary continues to evolve administrative law in Pakistan by interpreting constitutional provisions in the context of governance and citizen rights.
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