Doctrine of Necessity and Pakistan

 

The Doctrine of Necessity is a legal principle that originated in Pakistan and has been invoked several times in the country's history. The doctrine allows for the suspension of the country's constitution and the removal of an elected government in times of crisis or emergency. Here is a detailed history of the invocation of the Doctrine of Necessity in Pakistan:

1954: The first instance of the Doctrine of Necessity being invoked in Pakistan was in 1954, when the Governor-General dismissed the elected government of East Pakistan, citing the need to maintain law and order.

1958: The second case of the doctrine being invoked was in 1958, when General Ayub Khan staged a military coup and suspended the constitution. The Supreme Court of Pakistan validated the coup under the Doctrine of Necessity, citing the need to maintain law and order and prevent chaos.

1969: The third example of the doctrine being invoked was in 1969, when General Yahya Khan staged another military coup and suspended the constitution. The Supreme Court again validated the coup under the Doctrine of Necessity, citing the need to maintain law and order and prevent chaos.

1977: The fourth case of the doctrine being invoked was in 1977, when General Zia-ul-Haq staged a military coup and suspended the constitution. The Supreme Court validated the coup under the Doctrine of Necessity, citing the need to maintain law and order and prevent chaos.

1999: The fifth scenario of the doctrine being invoked was in 1999, when General Pervez Musharraf staged a military coup and suspended the constitution. The Supreme Court initially validated the coup under the Doctrine of Necessity, but later declared it illegal and ordered the restoration of the constitution and the elected government.

2007: The sixth instance of the doctrine being invoked was in 2007, when President Pervez Musharraf declared a state of emergency and suspended the constitution. The Supreme Court initially validated the emergency under the Doctrine of Necessity, but later declared it illegal and ordered the restoration of the constitution and the elected government.

In conclusion, the Doctrine of Necessity has been invoked several times in Pakistan's history to justify the suspension of the constitution and the removal of elected governments. While it has been used to justify military coups and other undemocratic actions, it has also been challenged by the judiciary at times, demonstrating the delicate balance between the principle of necessity and the rule of law in the country.