Academic Journal Research
Vol. 3 No. 2 (2025): Academic Journal Research

THE POLITICIZATION OF THE JUDICIARY DURING ZIA-UL-HAQ’S ERA: A PATH TO LEGITIMACY

Ashraf, Zahida (Unknown)



Article Info

Publish Date
13 Jun 2025

Abstract

Objective: This study investigates the role of the judiciary during General Muhammad Zia-ul-Haq’s military regime (1977–1988), focusing on how judicial institutions were instrumentalised to legitimise authoritarian rule, suppress political opposition, and implement an Islamisation agenda. Method: Employing a qualitative historical-analytical approach, the research critically analyses primary legal documents, constitutional amendments, and landmark court judgments from the Zia era, complemented by secondary scholarly sources. Results: The findings reveal a strategic transformation of Pakistan's judiciary from an independent body into an apparatus serving executive interests. Courts were co-opted through structural changes and doctrinal shifts, such as the validation of martial law under the doctrine of necessity and the endorsement of Islamisation policies, which aligned judicial functions with the regime’s ideological objectives. Novelty: This study contributes original insight into the systematic erosion of judicial autonomy under military rule in Pakistan, highlighting the judiciary’s complicity in legitimising undemocratic governance. By tracing this transformation, the research offers a foundational context for understanding contemporary challenges to judicial independence and civil-military relations in Pakistan’s constitutional development.

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Journal Info

Abbrev

acjoure

Publisher

Subject

Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Engineering Social Sciences Other

Description

Academic Journal Research is published by Antis Publisher published 2 (two) issues per year (June and December). This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This ...