Institutional Imbalance: Implications on Governance and Economy: A Case Study of Judicial Activism during the Period of Iftikhar Muhammad Chaudhry

Abstract

The 1973 constitution envisages Pakistan a federal form of government having three organs, i.e. legislature, executive and judiciary. Judiciary is vital for the development of economy, democracy and good governance. Problems occur when judiciary becomes proactive due to the judicial review and Suo Moto powers. It interferes in the legislative and executive domains. The objective of this study is to find out the repercussions of judicial activism on the governance matters and economic development. Constitutional and political history of Pakistan shows that judicial activism led to political instability that hindered good governance and economic development. Qualitative research design with inductive reasoning and case study method is used in this paper. Secondary sources such as published books, journals, and articles in newspapers are also used in it. Judicial activism during the period of Iftikhar Muhammad Chaudhary undermined the governance and economic development in Pakistan. So, only strong system of check and balance under the principle of separation of power can prevent judicial activism.