Jillani Saqib Nisar and Asif Saeed Khosa have gain prominent attention from media in all over the country, mainly due to their ideological and philosophical leanings.
: 144–145 [30] In another example of a de jure power granted to the Court, article 17 of the Constitution states: Every citizen, not being in the service of (State of) Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.The Supreme Court thus provides, in principle, an important safeguard against the abuse of laws that could potentially have politically repressive consequences or in clear violation of human rights.
[26] In 1997, Chief Justice S.A. Shah found Prime Minister Nawaz Sharif of contempt of court but the order itself was voided by the Supreme Judicial Council.
Under the new amendment, the Chief Justice of Pakistan will now be nominated by a Special Parliamentary Committee from among the three most senior judges of the Supreme Court, with a fixed term of three years.
Prime Minister Shehbaz Sharif described the amendment as an assertion of legislative authority and a step toward restoring balance in Pakistan's constitutional structure.
Supporters claim that the judiciary's previous involvement in political matters had, at times, led to decisions undermining elected governments and democracy itself.
: xxx [46][47]: 67–68 [48] In 1947, Governor-General Muhammad Ali Jinnah confirmed the nomination of Justice Sir Abdul Rashid, at the behest of Prime Minister Liaquat Ali-Khan, was said to be a national conservative leanings in his judgement.
: 67–68 [48] Chief Justice Shahabuddin plays a crucial role in drafting the second set of the Constitution of Pakistan which incorporated the liberal ideas with the important Islamic provisions.
: 68 [48] In 1960, President Ayub Khan appointed Justice Alvin Robert Cornelius who took much liberal approach in his jurisprudence when deciding cases on fundamental rights against the executive overreach.
: 59 [49] In the views of Chief Justice Rahman, the martial law was invalid and notably ruled that Yahya Khan's assumption of power was "illegal usurpation".
In 1977, the Supreme Court had again legalized the martial law in the light of "doctrine of necessity" and denied taking petitions to review its decision.
During this time, Supreme Court justices were described as notoriously conservative and only a few moderates, appointed by Prime Minister Zulfikar Ali Bhutto as his role as President in 1971–73.
Shah, and Justice Moh'd Haleem, who had the moderate and liberal leanings in their jurisprudence strongly disagreed with Bhutto's sentence of Capital punishment.
: xxx [54] However, Justice Shah's judicial leanings did not protected the Benazir' administration when it was dismissed by President Farooq Leghari over allegations on corruption.
: 145 [58] In 2002, The Supreme Court supervised the general elections successfully oversaw the transition of power from the office of Chief Executive to Prime minister.
: 350–351 [59] In a lecture in November 2022, Justice Ayesha A. Malik observed an increasing tendency to bring political and social issues to court that would be more suited for resolution within parliament or by the executive.
Noting that this is the point at which balancing of power, judicial restraint (refraining from undue interference in other branches of government) and legal clarity become relevant, Malik expressed the view that courts should not act solely on compassion but instead prioritize upholding the rule of law.
[65] The ad hoc appointments are due to fill the Shariat Appellate Bench that is composed on legal scholars that has expertised on Islamic jurisprudence since its establishment in 1980.
[82] Law clerks reviews the petitions for writ of certiorari, research them, prepare bench memorandums, and draft opinions, and reported back to the supreme court's administrative registrar.
[85] Administration of the Court is supervised by the Chief Justice who exercise the powers through the Registrars, Law clerks, Librarians, and private secretaries to run the judicial functions in proper manner.
[87] The Court complex judges' chambers, a separate building consisting of the law library, various meeting spaces, and auxiliary services including a lecture auditorium.
[85] The Supreme Court Museum serves as an invaluable repository for preserving the Judicial History of Post and pre-Independence era for future generation.
[91] The independent jurisdiction of the Supreme Court is taken as positive by the legal observers as an attempt of providing a fair, speedy, and public trial of authorities accused of abusing the basic human rights.
: 275 [93] On events involving the legal and technical issues concerning the implementation of law and the writ of constitution, Supreme Court has an advisory jurisdiction to answer questions and provides written opinions on public importance as consulted by the President upon the request from the Prime Minister.
: 1–2 [106] Formed and established in 1989, the Bar comprises the supreme court lawyers who are elected from all over the country and is aimed to uphold the rule of law, cause of justice and protect the interest of the legal profession as well as that of public.
[111] In 1975, the institutional powers of the Supreme Court were constraint after the passing of the fifth amendment that ultimately disturbed the "checks and balances" system in the country, that eventually strain the executive and judiciary relations.
: 103 [112] In a controversial leanings of 4:3, the Supreme Court upheld the death sentence and Zulfikar Ali Bhutto but it maintained its institutional integrity while taking many cases involving the Zia administration.
[32] In 2007, it was reported widely by the Pakistani news media that the Military Intelligence officials, acting under then-President and army chief General Pervez Musharraf, were using photographs of the justices involved with prostitutes to blackmail and pressurize the supreme court justices to take the oath of allegiance and make rulings favorable to the then-President Musharraf.
These cases of importance included the constitutional petitions and judgements on: The Supreme Court rendered its judgement declare the appointments based upon PCO on 3 November 2007 as null and void as well as declaring the NRO as also null and voided that ultimately opened the investigations and cases against then-President Asif Ali Zardari and Prime Minister Gillani.
Critics of the decision also argue that it is inconsistent with the principles laid down in Malik Asad Ali's case where it was held that the Chief Justice was bound by the Court's judgement.