The politics of dismissal of the government in Pakistan and the role of the judiciary (1988-1997)

Abstract

The judiciary’s role is significant in the political and constitutional development of a federal system, as the sustenance of democracy in such countries depends mainly on the independence of the judiciary. This study investigates the judiciary's role in complementing the dictatorial moves of the presidents and non-elected factions against the governments. The 8^th Constitutional Amendment shifted the power balance to the President, thus establishing a quasi-parliamentary system. Due to the lack of power balance, the president and the prime minister did not work together to safeguard the national interest. The opposition factions always asked the President to dismiss the government. Instead of serving as a check on the government and providing stability to the democracy, the President used this power to dismantle the setup. In such cases, the judiciary has been asked to exercise the power of judicial review. The judgements of the judiciary in such cases had far-reaching effects on the stability of the political system. While passing the judgement, the judiciary looked at a powerful president rather than the principle of merit and justice. The judiciary upheld majority dismissals, mainly due to the nexus between the military and the President, which shows its weakness vis-à-vis other state institutions.