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PAK301 GDB No 1 Solution Fall 2023 – VU Assignment Solution – VU Fall Assignment Solution
The PAK301 GDB No 1 Solution Fall 2023Â of Virtual University (VU) course assignment, and I will share with you today the solution I came up with. Always come back to StudySolution for the most recent updates regarding the answers to your assignments.
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Assignment No. 1
Solution Fall 2023
PAK301 GDB 1
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Question:-
To what extent, the use of Suo moto power by the Chief Justice of Pakistan prove effective in promoting justice and the rule of law in Pakistan?
Answer;-
The use of suo moto power by the Chief Justice of Pakistan can have both positive and negative implications for promoting justice and the rule of law in the country. Suo moto power refers to the authority of a court to initiate legal proceedings on its own accord, without receiving a formal complaint from a party involved.
On the positive side, the use of suo moto power by the Chief Justice of Pakistan can help address issues that may otherwise go unnoticed or unattended. It allows the court to take prompt action in cases of public interest, where immediate intervention is required to protect fundamental rights, enforce the rule of law, or address systemic injustices. This power can be particularly beneficial in situations where the executive or legislative branches are unable or unwilling to address critical matters.
By invoking suo moto power, the Chief Justice can shed light on cases of human rights violations, corruption, government misconduct, or societal injustices. This can lead to increased accountability, as it enables the court to independently investigate and adjudicate such matters. It also sends a strong message that no one is above the law and ensures that justice is served in cases that might have otherwise been overlooked.
However, there are potential concerns and criticisms regarding the use of suo moto power. Some argue that it can lead to judicial overreach and interference in the domain of the executive and legislative branches. Critics contend that the judiciary should primarily focus on adjudicating cases brought before it by aggrieved parties, rather than actively taking up cases on its own. They argue that the use of suo moto power can divert the court’s attention from its core function of resolving disputes between parties and may lead to an imbalanced distribution of judicial resources.
Another concern is that the selective use of suo moto power can be perceived as biased or politically motivated. There have been instances where the exercise of this power by the Chief Justice has been seen as targeting specific individuals or institutions, leading to allegations of judicial activism or a violation of the principle of separation of powers.
In summary, the use of suo moto power by the Chief Justice of Pakistan can be effective in promoting justice and the rule of law if exercised judiciously and in the larger public interest. It can help uncover and address pressing issues that require immediate attention. However, there should be careful consideration to ensure that it does not encroach upon the domain of other branches of government or result in a perception of bias or politicization. Transparency,
impartiality, and adherence to legal principles are crucial for maintaining public trust and confidence in the judiciary.
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