INDEX

Adverse possession, 63, 152 judicial split, 24 Ahmadis, 112–119, 130, 154–155, martial law, 16, 17, 24 194–195 necessity doctrine, 28 Apostasy, 137 non-justiciable provisions, 8 Appeals presidential powers, 76 capital punishment, 103 revolution, 15 right of appeal, 125, 128, 151 sacred trust, 27 shariat courts, 125, 137, 151, 156, see also Supra-constitutional 165 provision Awami League, 14 Baxi, Upendra, 16 Ayub Khan, Muhammad Bhutto, Benazir constitutional reform, 7 corruption allegations, 85, 100 martial law, 53 dismissal, 75, 77–78, 81, 85, 105 personal laws, 155 election, 65, 75, 104 replacement, 14 judiciary, 85, 104, 105 Bhutto, Zulfikar Ali Bail, 55, 109 contracts, 28–29 Bangladesh, 14, 82 death sentence, 133, 134 Bank loans deposed, 21 interest payments (), 52, 60–61, detention, 24 71 election, 20, 21 mark-up, 71 Islamisation, 33 sacred trust, 102 land reform, 132, 147, 170–172 Basic structure doctrine leadership, 14 affirmation, 23, 32–33 martial law, 16, 20–24 constitutional amendment, 22, 23, opportunism, 24 82–84, 86–87 repressive laws, 16, 20, 22, 32, 112 emergence, 81–85 Blasphemy, 193–195 Grundnormen, 19, 21 Bohras, 154 , 91 Breach of contract, 42 human rights, 87 India, 19, 82 Capital punishment judicial powers, 18 apostasy, 137 appeals, 103 235 The Role of in the Legal System of Pakistan

commutation/waiver, 66, 68, 132– armed forces, 20, 22 135 Art.2-A/Objectives Resolution, 47– Islamic law, 66, 68 73 jurisdiction, 103 directive principles of policy, 78 martial law, 65–66 eighth amendment, 49, 59, 67, 81– provocation defence, 43 84, 104 speedy trials, 103 fourteenth amendment, 86 (rajm), 148, 166, 193 freedom of association, 32 Central Council for Awareness and freedom of movement, 95 Enforcement of Human Rights and freedom of religion, 23, 53, 112 Obligations, 98 fundamental rights, 45, 53, 78–81, Civil Procedure Code, 42, 99, 125, 97 128 Islamic law, 40, 41, 100, 117 Civil servants, 173, 178–183, 185, judicial appointments, 105 187 judicial powers, 19, 28, 31–32, 34 Colonial laws martial law, 20–25, 27–28, 40, 83– criminal law, 8, 10–12, 133, 195 84, 170 “justice, equity and good personal laws, 138–139 conscience”, 40–42, 144 Preamble, 23, 24, 31 legal system, 1, 2, 5, 9, 100, 123 repugnance to Islam, 31–34, 50, personal laws, 11 66–67, 92, 158–159 residual laws, 40 revival, 75 see also Common law salient features, 82–83, 87 Common law second amendment, 113, 130 Islamic law, 42, 45, 61, 68 seventh amendment, 20, 22 malicious prosecution, 45 third amendment, 114 martial law, 22, 24 thirteenth amendment, 86 natural justice, 22, 23 Constitutional law necessity doctrine, 27 basic structure see Basic structure residual laws, 41 doctrine Companies, winding up, 56–58 constitutional amendment, 20–24, Compulsory purchase, 90, 165, 170, 49, 82–84, 86–87 185–186 democracy, 15, 17, 23 Constitution (1956) freedom of religion, 23, 53, 112, abrogation, 7, 13 115–117, 155 directive principles of policy, 6–7 fundamental rights, 1, 13, 22, 45, Islamic law, 7, 33 53, 78–81, 87, 97, 134 Constitution (1962) government dismissals, 77–85, 86 abrogation, 14 Grundnorm see Grundnormen amendment, 7 ideological state, 15, 27, 28, 33 directive principles of policy, 8, immutable norms, 14, 15, 17, 18, 35–36 19, 20, 33 Islamic law, 7–8, 33, 35–36 indigenisation, 27, 28 non-justiciable provisions, 53 Islamisation, 1, 6–7, 47–73 Preamble, 7 judicial independence, 59, 85, 103– Constitution (1973) 104 abrogation, 25

236