An Evaluation of Separation of Powers: A Case Study of Pakistan (2007-2013)

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.