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ABSTRACT
The principle, 'separation of powers' has the purpose to protect the citizens of the state from rash, tyrannical and unrestraint powers of the rulers. Democracies all over world consider that tyranny and arbitrary rule of the Government can be minimized by implementing the separation of powers in its proper context. In Pakistan, the concept 'Separation of Powers' could not find its place accurately. Since the establishment of Pakistan (1947), executive branch managed to possess judicial and legislative powers with themselves. This practice fashioned the fragile political system and instable democracy in Pakistan. Resultantly, civilian's governments had been removed from power by Military on several times. Courts were ready to justify the military takeover on the grounds, such as 'law of necessity'. It was only after the restoration of chief justice Chaudhry in 2009 that judicial branch started functioning on the line of real independent institution in the country. This was considered the commencing of the separation of powers for the first time in the political history of Pakistan. This article examines four cases during the above mentioned era to understand whether or not separation of powers practically exists in Pakistan.
Key Words: Separation of powers, independence of judiciary, the executive, the legislature, constitution
Introduction
The liberal democracies in world have the tradition of power sharing among the state institutions. People's liberty is ensured when powers of the government are divided between executive, judicial and legislative branches. It is hard fact that political managers of Pakistan could not decide to establish and implement any of the government system. Theoretically, they announced to run the state under Islamic democracy but, practically they adopted neither democracy nor Islam. They shaped their own system to manage the affairs of state. Powers remained personality centered instead of functioning through separate institutions. The constitutions, adopted in Pakistan provide the separate role and function of the three institutions, but in reality, judiciary remained passive to the executive. Leading to this callous observation, it can be concluded that Pakistan's Supreme Court has followed the path of least resistance and least fidelity to constitutional principles.the courts has been the military's handmaiden in extra - constitutional assaults on the democratic order". (Rajshree, 2012, p.1-7)
Practically, the ruling elites, somehow or the others, managed...