Public Interest Litigation in Supreme Court of Pakistan

189 Pages Posted: 14 Jan 2012

See all articles by Muhammad Amir Munir

Muhammad Amir Munir

Lahore High Court; International Islamic University, Islamabad, Students

Date Written: August 4, 2007

Abstract

Article 184(3) of the Constitution of Pakistan 1973 provides the concept of protection of Fundamental Rights through the use of Article 199 of the Constitution. Hence, the Supreme Court of Pakistan can pre-empt the jurisdiction of High Courts under Art.199 whenever “a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved.” The power of Art.184(3) is “original jurisdiction” of the Supreme Court to enforce fundamental rights. We will also find words “human rights” used by the Supreme Court in its judgments given under the caption “Human Rights Cases” while they have not been mentioned anywhere in 1973 Constitution. It is the combined effect of the provisions of Art.184(3) and Art.199 that help us to understand as to what might be the human rights to be enforced. “Human Rights” is a general term while the term “Fundamental Rights” is specific one and is used in the Constitution as a practical term defining and limiting the exact meanings of various rights provided to all those who are citizens of Pakistan. However, certain Fundamental Rights are provided to everyone who is within the territorial jurisdiction of Pakistan, whether citizen or not, at any given time period. This thesis will study various aspects of the powers of Supreme Court under Art.184(3) of the Constitution along with allied matters.

Keywords: Public Interest Litigation, PIL, Fundamental Rights, Constitution of Pakistan 1973, Principles of Policy, Objectives Resolution 1949, Locus Standi, Art. 199, Article 184(3) of Constitution, original jurisdiction of Supreme Court of Pakistan

JEL Classification: K00, K10, K40, K41, K42, N45, I31

Suggested Citation

Munir, Muhammad Amir, Public Interest Litigation in Supreme Court of Pakistan (August 4, 2007). Available at SSRN: https://ssrn.com/abstract=1984583 or http://dx.doi.org/10.2139/ssrn.1984583

Muhammad Amir Munir (Contact Author)

Lahore High Court ( email )

Punjab
Pakistan

HOME PAGE: http://jhelum.dc.lhc.gov.pk

International Islamic University, Islamabad, Students ( email )

PO Box 1243
Sector H-10
Islamabad, 44000
Pakistan

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