Separation of Powers and Political Development: Analysis of Vote of No Confidence in Parliament of Pakistan 2022

Author(s) : Dr. Muhammad Ikramullah Khan, Kinza Zafar

Abstract:

Elected governments in the western and developed democracy may be removed through a vote of no confidence or popular protests. If the motion succeeds, then the party in power is compelled to replace the head of government through constitutional means. But if we look at the political history in Pakistan, since (1947), the executive branch used to manage the judicial and legislative powers. Controversies arise whether judiciary can intervene in the domain of parliament or not? For this the theory separation of powers is applied to observe the constitutional domain of the three institutions. Under this approach no one whether individual or department has an authority to encroach the constitutional jurisdictions of the others. For this, the different clauses of the constitution are analyzed to observe the theory of separation of powers in the country. This descriptive and analytical study aims to highlight the political development through the involvement of judiciary in the test case of Prime Minister Imran Khan’s removal. The representatives are elected (or rejected through elections) by the people to ensure the fundamental rights of the citizens in parliament. The procedure adopted to change the PTI Government on April 09, 2022 and the role of judiciary seems positive development in the enforcement of rule of law. Finally the study shows that the removal of PM Khan through the parliamentary procedure is a step towards political development.