Submission Meraj uddin Satti -130371287- LSP Portfolio.docx
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Transcript of 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.
%* S+IS P$R'$I$-P%"*%S &
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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.
%* S+IS P$R'$I$-P%"*%S &
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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
%sma
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%ppendi! ?/ Amail #orrepondence
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%ppendi! #/ Screenshots
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%* S+IS P$R'$I$-P%"*%S &
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%PPA>4IJ 4/ Presentation slides
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%* S+IS P$R'$I$-P%"*%S &
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%* S+IS P$R'$I$-P%"*%S &
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%* S+IS P$R'$I$-P%"*%S &
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%* S+IS P$R'$I$-P%"*%S &
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%* S+IS P$R'$I$-P%"*%S &
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%* S+IS P$R'$I$-P%"*%S &
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%PPA>4IJ/ A 4raft of Assay
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%PPA>4IJ '/ Presentation certificate