Suo Moto Power of Supreme Court of Pakistan and its Impact: Analytical and Critical Study

Abstract

Through this Research Paper, I have shed light on the concept of "Exercise of Suo Moto Power by Supreme Court of Pakistan" and its overall Impact. I have explained how the Supreme Court has increased the exercise of its Suo Moto Powers in the past few years. Initially, the court had a narrower view of its authority, but then gradually, mainly after 2006, the Court broadened the scope of its Suo Moto Jurisdiction, which changed its overall outcome and created a tension between Judiciary and other institutions of Government, especially Executive. The extensive exercise of this power by the SCP in almost every aspect of daily life gives rise to a major controversy and serious concerns regarding the constitutionality, and usefulness of Suo Moto. This research paper addresses this controversy and discusses whether the Supreme court of Pakistan is exercising its powers of Suo Moto within the limits prescribed by the Constitution of Pakistan or not. The application of suo moto has become so complex that the views on its use are sharply divided. The Opinion is divided into two schools of thoughts, opening a never-ending debate on the issue, which has been discussed in this paper. Other factors, which flows as a direct consequence of this topic, have also been examined