RESEARCH OF SOCIAL SCIENCES (SMC-PRIVATE) LIMITED(ROSS) & PAKISTAN SOCIAL SCIENCES REVIEW (PSSR) adheres to Creative Commons Attribution-Non Commercial 4.0 International License. The authors submitting and publishing in PSSR agree to the copyright policy under creative common license 4.0 (Attribution-Non Commercial 4.0 International license). Under this license, the authors published in PSSR retain the copyright including publishing rights of their scholarly work and agree to let others remix, tweak, and build upon their work non-commercially. All other authors using the content of PSSR are required to cite author(s) and publisher in their work. Therefore, RESEARCH OF SOCIAL SCIENCES (SMC-PRIVATE) LIMITED(ROSS) & PAKISTAN SOCIAL SCIENCES REVIEW (PSSR) follow an Open Access Policy for copyright and licensing.
How to Cite
Judicial Appointments in the Historical Context: From 1947-2005
Abstract
The study aims to analyze the importance of the procedure of appointment of judges to the superior Courts. The stated article explains the various phases of appointments by providing its historical context. The literature review has shown the impact of civilian and martial law regimes on the constitutional method of appointments of judges. In Pakistan, Judiciary plays the role of a custodian of the Constitution by exercising the power of judicial review. The method for appointment of judges always remained a controversial issue in Pakistan. The descriptive analytical method in the paper is adopted to show that there was a continuous struggle between executive and judiciary to have an upper hand in the appointment of judges. The selection of judges is considered an indispensable element in the independence of judiciary. For this reason two important Constitutional amendments (18th & 19th) were made to adopt a more democratic procedure for the appointment of Judges.
Authors
Rafia Naz Ali
Assistant Professor, Department of Shariah and Law, Islamia College University Peshawar, KP, Pakistan
Tahira Jabeen
Assistant Professor, Higher Education Department Peshawar, KP, Pakistan
Mohammad Jan
Assistant Professor, Department of Shariah and Law, Islamia College University Peshawar, KP, Pakistan
Keywords
Appointment, Constitution, Independence of Judiciary Superior Courts
