The Impact of Political Interference on the Judiciary: India Vs. Pakistan

Richa Kapoor; Proteek Motilal; Mudit Shankar Rana

doi:10.36948/ijfmr.2024.v06i05.29354

The Impact of Political Interference on the Judiciary: India Vs. Pakistan

Author(s)	Richa Kapoor, Proteek Motilal, Mudit Shankar Rana
Country	India
Abstract	This paper investigates the significant effects of political interference on the judiciary in India and Pakistan, two countries with a common colonial history but differing paths since gaining independence. The judiciary serves as a fundamental pillar of democratic governance, designed to function independently while protecting the rule of law and upholding constitutional rights. Nevertheless, in both nations, political influences have notably affected judicial operations, compromised judicial independence and eroding public confidence. Through a comparative examination, this study highlights important historical moments, landmark rulings, and constitutional frameworks that demonstrate the degree and nature of political interference within both judicial systems. In India, such interference has emerged through executive control over judicial appointments and crises, notably during the Emergency period from 1975 to 1977. In contrast, Pakistan's judiciary has experienced direct meddling from military governments and political authorities, frequently rationalized by the contentious Doctrine of Necessity. Additionally, the paper investigates how the judiciary has responded to these interferences, including instances of judicial activism and civil society initiatives that promote judicial independence, such as the Lawyers' Movement in Pakistan. Ultimately, this research emphasizes the urgent need for strong protections to ensure judicial independence, bolster public trust in the judiciary, and maintain democratic principles in both countries. By highlighting the comparative experiences of India and Pakistan, this study aims to enrich the broader discussion on judicial independence in South Asia.
Keywords	KEYWORDS: movement, colony, precedents, judiciary, interference, legal system, British, public rights, rule of law, public trust
Field	Sociology > Politics
Published In	Volume 6, Issue 5, September-October 2024
Published On	2024-10-28
Cite This	The Impact of Political Interference on the Judiciary: India Vs. Pakistan - Richa Kapoor, Proteek Motilal, Mudit Shankar Rana - IJFMR Volume 6, Issue 5, September-October 2024. DOI 10.36948/ijfmr.2024.v06i05.29354
DOI	https://doi.org/10.36948/ijfmr.2024.v06i05.29354
Short DOI	https://doi.org/g8pnkw

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The Impact of Political Interference on the Judiciary: India Vs. Pakistan

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