Limiting Boundaries of Parliamentary Institutions: Judiciary–Senate Relations

The paper examines the attempts of the Senate of Pakistan, the upper house of the parliament, for the preservation of its boundaries in the face of judicial institutions. It has been observed how the Senate fortified its boundaries through establishment of rules, precedents and discussions in competition with the judiciary. The cases in the courts against the powers of the Senate as well as senators and the debates in the house on judiciary-senate relations have been studied thoroughly to find out how the house defended itself from the encroachment and assault on its powers and existence. The study analyses both the endeavours of courts to limit senatorial powers and the attempts of senate in cutting the teeth of powerful judiciary. The case study helps to understand a part of the broader discussion on institutionalization of the Senate. It highlights the capacity and attempts of the institution of senate in defending itself from the extension of powers of other institutions and prevent them to intrude in its jurisdiction. The outcome of this study will reveal a major aspect of understanding the conflict among the institutions of state of Pakistan for safety of its own jurisdictions and limiting that of other institutions including National Assembly (other house of parliament), the President, Army, Judiciary, Executive, Bureaucracy and Media. Therefore, the history of the institutionalization of the Senate of a South Asian country has been uncovered for better understanding of the development of parliamentary institutions in the developing nations of the region. The outcome of the study marks that parliamentary institutions in Pakistan like other developing countries of South Asia have been strengthened and developed to the maturity with the passage of time.