Overview of Article 188 of the Constitution of Pakistan
Nestled within the constitutional fabric of Pakistan is Article 188, a provision that bestows the Supreme Court with a distinctive power the authority to review its own judgments or orders. As we embark on this journey, we aim to unravel the layers of Article 188, understanding its implications, constraints, and the role it plays in shaping the jurisprudential landscape of Pakistan.
Article 188 States
188. Review of Judgments or Orders by the Supreme Court
The Supreme Court shall have power, subject to the provisions of any Act of Majlis-e-Shoora (Parliament) and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.
Key Points of Article 188 of the Constitution of Pakistan
- Supreme Court’s Inherent Review Authority: At its core, Article 188 recognizes the inherent authority of the Supreme Court to scrutinize and potentially revise its own pronouncements. This authority is vital for ensuring that justice is not static but can evolve in response to changing legal landscapes, emerging evidence, or nuanced interpretations.
- Subject to Legislative Oversight: The provision introduces a layer of accountability by stipulating that the Supreme Court’s review power is subject to the provisions of any Act of Majlis-e-Shoora (Parliament). This underscores the constitutional principle that the judiciary operates within the broader legal framework set by the legislative branch.
- Internal Rules Govern Review Process: The reference to rules made by the Supreme Court signifies the existence of internal guidelines and procedures that govern the review process. These rules may outline the grounds for review, the procedural steps involved, and any limitations on the exercise of this power.
- Flexibility in Reviewable Matters: Article 188 does not restrict the scope of the review to specific types of cases, judgments, or orders. The language is broad, allowing the Supreme Court to potentially review any judgment or order it has previously pronounced or made, offering flexibility in addressing a range of legal scenarios.
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Crux of Article 188 of the Constitution of Pakistan
At its crux, Article 188 embodies the principle of judicial self-reflection. It acknowledges that the judiciary, while independent, is not infallible. The power to review judgments or orders is a recognition that legal decisions are contextual, and the evolving nature of law may necessitate a reevaluation of prior rulings.
The dual oversight, by both the legislature and internal rules, symbolizes a harmonious relationship between the branches of government. While the judiciary retains autonomy, it operates within the checks and balances inherent in a democratic system, ensuring that the power of review is exercised judiciously and transparently.
Conclusion: Article 188 of the Constitution of Pakistan
In conclusion, Article 188 stands as a testament to the maturity and adaptability of Pakistan’s legal framework. It embodies a delicate dance between judicial autonomy and accountability, recognizing that the pursuit of justice is an ongoing, dynamic process.
As we traverse the legal corridors of the 1973 constitution of Pakistan, Article 188 emerges as a safeguard, ensuring that the Supreme Court remains vigilant and responsive to the evolving needs of the legal landscape. It is a tool for refinement, reinforcing the commitment to justice, fairness, and the continual evolution of the nation’s legal ethos.
