Constitutional History

Introduction The case of Maulvi Tamiz-ud-Din Khan vs. Governor-General of Pakistan (PLD 1955 FC 240) is a cornerstone in the constitutional history of Pakistan. Decided by the Federal Court of Pakistan, it set controversial precedents by validating the dissolution of the Constituent Assembly and introducing the Doctrine of Necessity, which has influenced the country’s legal … Read more

Introduction The State vs. Dosso case (PLD 1958 SC 533) stands as one of the most debated judgments in Pakistan’s judicial history. It set a precedent for the validation of extra-constitutional measures and established the controversial Doctrine of Necessity. This case is essential for understanding the dynamics between constitutional supremacy and judicial endorsement of revolutionary … Read more

Introduction The Asma Jilani vs Government of Pakistan (PLD 1972 SC 139) case is one of the most significant decisions in the history of Pakistan’s constitutional law. This judgment, delivered by the Supreme Court in 1972, reinforced the supremacy of the Constitution, judicial independence, and the rule of law in Pakistan, particularly in the face … Read more

The landmark case of Begum Nusrat Bhutto vs. Chief of Army Staff (PLD 1977 SC 657) is a pivotal moment in Pakistan’s constitutional history. This case examined the legal validity of the military takeover on July 5, 1977, by General Zia-ul-Haq and its implications for democracy and the Constitution. This article provides a detailed overview … Read more

The case of Nawaz Sharif vs. President of Pakistan (PLD 1993 SC 473) is a critical landmark in Pakistan’s constitutional history. It revolves around the contentious use of Article 58(2)(b) of the Constitution, which allowed the President to dissolve the National Assembly. This case highlights the political and legal tensions between the Prime Minister and … Read more

The case of Al-Jehad Trust vs. Federation of Pakistan (PLD 1996 SC 324), also known as the “Judges Case,” is a landmark judgment in Pakistan’s constitutional and judicial history. Decided by the Supreme Court of Pakistan in 1996, this case addressed critical issues concerning the independence of the judiciary, the appointment of judges, and the … Read more

Introduction The Zafar Ali Shah case revolves around the constitutionality of the military coup in 1999 and the legal consequences of the Provisional Constitutional Order (PCO) issued by General Pervez Musharraf after taking power. This case became critical because it tested the limits of judicial review and the principle of State Necessity in Pakistan’s constitutional … Read more

Introduction The Khan Asfandyar Wali and Others vs. Federation of Pakistan case (PLD 2001 SC 607) is a landmark judgment of the Supreme Court of Pakistan that dealt with the 18th Amendment to the Constitution of Pakistan, introduced by the military regime of General Pervez Musharraf. The amendment was part of the larger context of … Read more