Doctrine of Necessity as Made Applicable in Paksitan

“Doctrine of necessity” is a legal term. This is a term used in constitutional law and is as old as history. What does it mean? It means that a government can resort to extra-constitutional authority in case there is a breakdown in law and order. The purpose is to restore order in a situation when anarchy reigns The Romans used this doctrine in the occupied lands. Later in the 13th century, the doctrine was given a legal cover by the jurist Henry de Bracton (1210-68).

The doctrine was further revised by William Blackstone (1773-68) an English Jurist. Both jurists had a common thread that this doctrine was a necessity in case there was a breakdown in law and order. The crucial point is “breakdown in law and order”. There is a related question as to who will decide this. The jurists did not amplify on this matter.

‘Doctrine of Necessity’ has never been used in England. But it has been used in Germany by Hitler and now in Pakistan. Pakistan is one nation that has repeatedly upheld changes in Pakistan’s political environment by military coups under this doctrine. This makes sad reading.