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" ROLE OF TIRE JUDICIARY IN MAINTAINING RULE OF LAW IN PAKISTAN ROLE OF TIRE JUDICIARY IN MAINTAINING RULE OF LAW IN PAKISTAN By Dr. Nasim Hasan Shah Retired Chief Justice of Pakistan [Paper presented at the International Conference held on August 29, 1997 at WAKE FOREST UNIVERSITY, N.C. on "Pakistan: Fifty Years as a Nation".] The journey of Constitutional rule in Pakistan has indeed been a stormy one. Soon after the establishment of the State of Pakistan, the country was beset by one Constitutional crisis after another. The news that a proclamation of emergency has been declared in a Province on the ground that its constitutional machinery had broken down and Governor's rule enforced or the Chief Minister dismissed for maladministration and replaced by another, unfortunately became a common phenomenon. Graver Constitutional crisis followed. The body charged with the framing of the Constitution‑‑‑the Constituent Assembly‑‑ was itself dissolved by the Head of the State leading to a battle royal in the Superior Courts. Constituent Assembly Dissolution The grave constitutional crisis which overwhelmed the country on October 24, 1954 when the Governor‑General dissolved the Constituent Assembly and dismissed the Prime Minister alongwith his Council of Ministers ultimately ended in the lap of the Federal Court and the Court became responsible for determining the validity of these actions. The President of the Constituent Assembly Moulvi Tamizuddin Khan instituted proceedings in the Court to question this action of the Governor‑General. Any ruling on this controversy, a controversy which involved grave political implications, was a task of the highest sensitivity. This delicate and…