Abstract
The Islamic Republic of Pakistan, from its creation in 1947, has been governed by a number of Constitutions, Martial Laws and Emergencies. The first nine years, due to various reasons, were lost to frame its first constitution. Since the Government of India Act 1935 did not provide fundamental rights and new constitution could not be framed, therefore, the citizens of Pakistan were deprived of fundamental rights. Various Constitutions provided them, but constitutional amendments affected their availability, which were consistently challenged in the Constitutional Courts of Pakistan. However, the Courts refused to borrow the theory of basic structure of Pakistan and repeatedly denied to declare a constitutional amendment unconstitutional till the case of Achakzai in 1997, reviewing 8th Constitutional Amendment. The justifications had been that a constitutional amendment was not a law under Article 8; there were no implied powers of the Supreme Court to review the justifiability of a Constitutional Amendment and the Parliament had absolute authority to amend any provisions of the Constitution, rejecting any doctrine of implied limitations.