Pakistan Affairs

Jul 14, 2018

Since, the Supreme Court of Pakistan has got considerable importance in the recent years; it is essential to understand its actual power and authority. By the lieu of the Constitution of Pakistan, 1973, the Supreme Court of the country has Original and Appellate Jurisdiction. Actually, it is the Original Jurisdiction that the court has been vehemently using these days. The Constitution states that the Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments. This in fact means a sort of case which can directly be initiated at Supreme Court. In the exercise of the jurisdiction conferred, the Supreme Court shall pronounce declaratory judgments only. The Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights is involved have the power to make an order of the nature mentioned in the said Article.

To understand this power more clearly, it can be said that the Panama case which led to the disqualification of Prime Minister Nawaz Sharif, was heard by the court exercising its original jurisdiction. In the past that power remained suppressed but, today it is stronger than ever; leading towards Judicial Activism.

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