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Additional resources for Judging the State: Courts and Constitutional Politics in Pakistan

Sample text

Given the distance between the Assembly's political roots and the task for which it was empowered, drafting a constitutive document was insuperably difficult; the Assembly long outlived expectations that it would quickly dissolve itself and provide for new elections under a new constitution. After forming several committees to frame basic constitutional principles, the Assembly discovered that the canons of the nation were many and divergent. Its Basic Principles Committee took eighteen months to write a preambular Objectives Resolution that could pass muster with secularists, Islamic modernists and traditionalists alike.

The one branch of government that seemed largely autonomous was the judiciary, and the 1935 Act guaranteed its freedom. Judges were often civil servants appointed through the bureaucracy to ensure autonomy from political interference, although this recruitment and appointment procedure also tied the courts to the executive. Many were also drawn from the bar and became members of the judicial hierarchy. In their judicial capacities, however, superior court judges were generally left to their own counsel and their judgments often challenged the exercise of executive authority.

All participants in the political arena used the courts to air their views, challenge their opponents and occasionally redress their grievances: a list of superior court cases read like a directory of the 38 Judging the state country's political elite, all of whom used the courts as ancillary political organs, as they still do. The courts responded with alacrity, and often clarity, when citizen rights were limited. H. Lari (who had been a Muslim League leader in India until after partition) defended the right to belong to the Communist Party.

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