Examining Whether the Doctrine of Necessity in Pakistan Acts as a Judicial Tool or a Constitutional Deviation

Abstract

The doctrine of necessity is one of the most debated judicial doctrines in the constitutional history of Pakistan. It is used by higher courts to justify extra-constitutional acts, especially military interventions and emergency governance. Scholars and advocates say that it is a useful judicial tool to run the state in a constitutional crisis, though others see it as a complete departure from the rule of law and democratic processes. This study critically looks into the development, applications, constitutional consequences, and significance of the doctrine and whether it is a necessity of the court or a breach of constitutionalism in Pakistan.