Doctrine Of Necessity: In Context “Sou Moto Case No. 1 Of 2022 Petition No.3 To 7 Of 2022”, Latest Judgement Of Supreme Court In Pakistan:A Hearkening Step Towards Constitution
10.5281/zenodo.19765283
Abstract
This article deals with doctrine of necessity in context of (sou moto case) SMC no. 1 of 2022 which is hearkening decision of the supreme court of Pakistan, which has effectively buried the maxim Doctrine of Necessity ,under shelter of which, severally constitution of Pakistan was abrogated many times. During the last few years, many other government of nation have been defeated the violent overthrow of an existing government, bloodless, or other forms of change because now nations knows that the states with a potent commitment to constitutional government, for them a coup d etate is particularly disturbing due to affirmation of the revolutionary government, efficaciously invalidates the supreme law land the constitution. A new regime within a constitutional framework cannot work lawfully, if it came to authority in direct contradictory of it. If the new government proceeds to perform function, it transforms into functional governing body of the state; the constitution proceeds to exist with name only. New un-elected authority can run the state on grounds of maxim of necessity. Now the recent Suo moto case no.1to 7/2022 could also be gone in favour of the existing Government, but here Apex court of Pakistan have buried the doctrine of Necessity and didn't took the doctrine as shelter for unconstitutional step, this is a hearkening step of the superior court of Pakistan as it has set forth a precedent and this research will contribute for upcoming judiciary of Pakistan and for lawyers , judges, law students, and this research would be effective precedent to be quote as a good precedent for burial of doctrine of Necessity by Apex court of Pakistan.
https://zenodo.org/records/19765284
