Submission Meraj uddin Satti -130371287- LSP Portfolio.docx

8/18/2019 Submission Meraj uddin Satti -130371287- LSP Portfolio.docx

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Outcome 1

Identify the principal issues for the research on a specific legal topic.

Claim

I believe I have fared sufficiently with my topic by addressing the core issues pertaining to

my topic. My research essay is about judicial independence in Pakistan. I have connected this

topic with the principles of public law i.e. Separation of Powers, Parliamentary sovereignty

and Rule of aw.

My foremost emphasis was to determine whether judiciary in Pakistan has been independent

of the clutches of e!ecutive. "owever, for detailed analysis I considered two different forms

of governments under which judiciary have survived in Pakistan.

In doing so I have divided the essay in predominantly two parts, the first part deals with the

role of judiciary under civil government and second part pertains to the military regimes and

unconstitutional doctrines. In order to address this issue I have dealt with two halves

independently, and have linked them to critically evaluate the relation of e!ecutive and

judiciary in both eras. "owever, further I have added post P#$ era to determine increasing

shift in the independence of the judiciary and have appreciated the point of judicial activism

observed after P#$ case which has resulted into usurpation of powers by the judges.

In order to restrict myself I have referred to the relationship of e!ecutive and judiciary in

Pakistan and how does it uphold rule of law and flourish in two different forms of the

government.

Evidence

$n the first page of my essay I started with the basic core principles of public law and laid

down foundation of my thesis. %t the end of the page one I have divided my topic to discuss

role of judiciary in civil government and have given details on page &, 'urther I have shown

the contrast with military regime starting from page (. 'urthermore, by concluding them on

page ) I have then elaborated upon post P#$ era. 'urthermore this all has been supported by

ample of case law and articles, most importantly report of "uman Rights #ommission helped

me a lot to consolidate my essay.

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Outcome #

$se sources in a critical and reflective way.

Claim"

I believe that I have been able to use the gathered information critically to reflect upon my

underlying issue of the essay. %s mentioned in my first outcome, aim of my research was to

show increasing role of judiciary and its independence. I divided my essay for the same

purpose and the book that I fetched 1#onstitutional and Political "istory of Pakistan3 written

by "amid khan 6&7789 helped me a lot in analy;ing the role of judiciary in Pakistan in

different forms of the government. It helped me to establish my premises on the increasing

influence of military on the judiciary more so than civil government. 'urthermore, the book

titled 0he


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Outcome %

&ith limited guidance, and using a range of legal resources, plan, research and produce

an original piece of legal writing some of which should address areas of law not

previously studied in depth.

I believe I have done justice to the objective of this outcome@ I have used various sources in

writing this essay. My topic pertains to the public law, even though it has separate topic of

accountability and independence of judiciary. "owever, I have never in my studied in my

course 0


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Outcome '

a)e an accurate assessment of your progress and the *uality of your wor) and, using

feedac), identify areas for improvement.

Claim"

I think I have completed this outcome as I have kept check of my progress to maintain the

standard of my essay, I have asked my group members for the feedback to identify my weak

points and improve on that.

I have circle of teachers and friends which has interest in current affairs and politics, as stated

in the outcome 8 my primary focus in the essay was on the e!ecutive-judiciary relationship

and I was able to fetch relevant material on that but informal feedback of my circle of friends

and teachers helped me to include previous historical regimes in order to analy;e and come to

the conclusion regarding judiciary of today. Moreover, I was able to conclude the essay by

providing remedies to curb the judicial activism without I would consider my essay would

have been incomplete.

My circle helped me to find new articles as I have notified in outcome &, and they were of

further help in concluding my essay.

Evidence"

It can be observed in %ppendi! #, which shows my first draft. %ppendi! ? shows

correspondence with my friend on getting the feedback on my progress. I have further usedinformal means of conversation through personal phone calls and messages.

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Outcome +

roduce a word-processed portfolio, with footnotes, using appropriate formatting tools,

and communicate and echange documents y email.

Claim"

I believe I have met this outcome satisfactorily. I have constructed my portfolio on the

Microsoft $ffice. I have used font style of times new roman with font si;e of 8& for my

portfolio. I have used bold font in headings and the subheading and I have used normal font

in writing claims and evidences.

I have used >R font si;e of 8& in my essay. I have sufficiently used footnotes at relevant

places and detailed information is provided at the end of each page.

'or convenience I have used bold font to highlight case laws. I have tried to organi;e my

portfolio in a reasonably efficient way with clear outcomes, heading and subheading,

provided with sufficient appendices.

I have had sufficient conversation with my group mates through emails using "otmail. I

further used informal means of messages and phone calls for communication which proved

useful.

Evidence"

'ormatting and organi;ation of my portfolio and essay is evident in the document. I haveattached email correspondences in %ppendi! ?.

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Outcome

/riefly and accurately present and discuss, orally in English, legal information from

standard tetoo)s, leading cases or statutes in a way that responds relevantly to the

*uestion as)ed or topic set and is understood y the audience

Claim"

I have met this outcome satisfactorily, as can been seen in my power point slides of oral

presentation. I presented in Anglish to the 4ean of our aw department, SB%?IS and I had

a good audience. I presented on (rd March, &78). opic of my oral presentation was 0$ffer

and %cceptance=, I has studied this topic in the subject of #ontract aw. My presentation was

focused on the core points of offer and acceptance re2uired for an agreement and what

principles underlie the same.

I was well versed in the topic, to make the presentation interactive I used Microsoft

Powerpoint slides, and used the bullet points to gain the attention of the audience, by doing

the same I tried to engage the audience.

Evidence"

%ppendi! 4 contains the presentation slides of my oral presentation. %ppendi! ' has the

certificate provided to me by SB%?IS. SB%?IS, also sent a video which contained oral

presentation in the #4 to the Co.

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Outcome 0

&or) as an active and effective memer of a team contriuting productively to the

groups tas).

Claim"

My group contained my two friends, "ameer%rshadSiraj and Bain +han. I think we have

come up to the e!pectation of this outcome. I was an effective member of our group. I not

only ac2uired help and tried to provide constructive feedback on the essays of my friends.

*e fre2uently corresponded through emails, as both of my members of my group were

working people we usually shared messages and made phone calls.

Evidence"

Amail correspondences which I have made are covered in the %ppendi! ?, which show our

sufficient group work.

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2E34I5 2 6 7esearch Essay

"ow far the judiciary in Pakistan has been independent to uphold rule of lawD "as it spared

much at the hands of civilian government of military governmentD %nd is it going ahead toestablish itself as an autonomous institutionsD

Introduction"

Rule of law is an essential pillar of democracy, which encompasses several other principles,

one of which is judicial independence. he #onstitution of Pakistan guarantees that 0%ll

citi;ens are e2ual before law and are entitled to e2ual protection of law=8. he 2uestion arises,

whether judiciary in Pakistan has been independent enough to uphold rule of law and civil

liberties@ and if not then what are the factors that impede courts in dispensing justiceD %nswer

to such a 2uestion lies in an assessment of doctrine of separation of powers in Pakistan. %s propounded by 'rench political philosopher Montes2uieu powers of all three branches of

government i.e. e!ecutive, legislature and judiciary shall be separated from each other in

order to prevent concentration of power in one branch. "owever, he proposed to place certain

checks and balances on each of the government3s organs to restrict absolute corruption of

powers. Such an absolute corruption of power without proper checks and balances would lead

to infringement of fundamental rights and civil liberties.

herefore judiciary in democratic form of government should be independent in order to

uphold rule of law. Cnfortunately Pakistan has struggled in maintaining democratic form of

government and judiciary has suffered severely at the hands of e!ecutive. "owever situationhas been changed after 5eneral Musharaf3s regime and post &77E era has witnessed stability

of the form of government in Pakistan and judicial independence.

Interference of e!ecutive in judicial matters in Pakistan can mainly be divided into two parts

i.e. military regimes and political e!ecutives. herefore, this research essay is divided into

two parts@ the first portion pertains to the role of judiciary in the military rule and the second

deals with role of judiciary in democratic governments.

Civil 8overnments and 9udicial Independence"

%fter 8F:E, Pakistan continued with a vice-regal from of constitution, in which chief

e!ecutive was the governor general. 4ue to increasing importance and concentration of

powers in the governor general, military regimes paved their way into dictating matters

concerning policies of the state. It was in 8F)G that Pakistan3s first constitution was

promulgated which remained effective for only two and a half year and was abrogated when

martial law was declared in 8F)H.

1 %rticle &) of the #onstitution of Pakistan 8FE(

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%ppointment of the


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Pakistan tried to proclaim emergency by way of P#$. "e removed the judges and validated

his proclamation of emergency through new judges on thebasis of state necessityG. It was at

the hands of military rule that judiciary independence was challenged more than even weak

civil government.

ilitary 7egimes and 9udicial Independence"

uddin ? @ederation of a)istan (1


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Moreover, by the introduction of eighth amendment in the #onstitution of Pakistan, under the

article '0(:!(! president was conferred the power to dissolve the national assembly if certain

conditions were met. his resulted into weak position of parliament and produced four

incidents of dissolutions of parliament, on three occasions it was validated by the courts and

role of judges was perceived to be controversial. It was primarily due to the lack of judicialindependence, and it has been alleged that major appointments of judges in high court and

Supreme #ourt was in some way looked after by military establishment. It, nevertheless, is

obvious that position of judiciary has been subservient which has resulted into imbalance of

the doctrine of separation of powers and infringement of rule of law.


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parliament and judiciary were acting in good faith, and yet judiciary wanted parliament to

alter the provisions of article 8E)%8) to grant more autonomy for the appointment of judges.

Parliament, in response to itpassed 8F th amendment whereby they increased the judges in

judicial commission from & to : but parliamentary committee3s role was maintained. In &788,

committee3s decision of not e!tended the tenure of "igh #ourt


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into politici;ed judiciary and infringed its autonomous nature. "owever the position has

changed dramatically after &77E when P#$ was introduced to legitimi;e the emergency and

massive lawyer3s movement was introduced and finally judges were reinstated. Ara of #

usrat ?hutto v #hief of %rmy staff 68FEE9 &: P4 6S#9

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http://www.dawn.com/news/516338/flaws-in-the-judgmenthttp://www.dawn.com/news/516338/flaws-in-the-judgmenthttp://tribune.com.pk/story/314153/civilian-authority-has-come-under-the-army-asma-jehangir/http://tribune.com.pk/story/314153/civilian-authority-has-come-under-the-army-asma-jehangir/http://tribune.com.pk/story/314153/civilian-authority-has-come-under-the-army-asma-jehangir/http://tribune.com.pk/story/314153/civilian-authority-has-come-under-the-army-asma-jehangir/http://www.dawn.com/news/516338/flaws-in-the-judgmenthttp://www.dawn.com/news/516338/flaws-in-the-judgment


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Bafar %li Shah v Musharaf 6&7779 )& P4 6S#9

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%ppendi! ?/ Amail #orrepondence

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%ppendi! #/ Screenshots

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%PPA>4IJ 4/ Presentation slides

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%PPA>4IJ/ A 4raft of Assay

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%PPA>4IJ '/ Presentation certificate

Documents

Submission Meraj uddin Satti -130371287- LSP Portfolio.docx