Abstract:

The constitutional history of Pakistan explicates the role of military is an unavoidable additional stakeholder that impacts the judicial functioning in Pakistan. The fragile democratic system in Pakistan not only allowed direct military rule for more than three dictates, but also effectively transformed and preserved its authority in the civilian governments. This article examined how despotic regimes successfully ruled the country at the cost of the civilian governments, why judiciary validated extraconstitutional actions, how military entrenched and preserved its authority in the civilian governments, and how this interventionist approach created institutional imbalance and adversely affected the spirit of constitutionalism in Pakistan. In order to conduct this research, qualitative and deductive research methodology has been used. With the help of primary and secondary sources, which have been consulted for conducting this research, it is strived to articulate how military and its affiliates have secure itself a dominant position at the expense of other state organs. Hence, the establishment of a democratic government with its organs having real independence fairly gives an assurance of a successful democratic transition, which is the hallmark of constitutionalism.

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