Abstract

Good governance and Rule of Law are inter-connected phenomenon. Good governance is required at all levels. To uphold the good governance it is the collective duty of the state institutions to perform efficiently under the umbrella of the Supreme Law of the land. “The existence of massive corruption, institutional clashes, Constitutional crisis and lack of accountability, poor law and order conditions may harm the good governance in the country”. To strengthen the good governance is the prime responsibility of the Executive and when the Executive failed to take measures to uphold the governance, resultantly, the Rule of Law will be in danger. Ultimately the Judiciary has to come forward to take action for the promotion of “Good Governance”, “Rule of Law” and enforcement of the “Fundamental Rights” of the people like health and education, because the Judiciary is the custodian of the Constitution and the fundamental rights of the masses. A debate in country has aroused in these days, that whether the Courts are exercising their powers beyond their Constitutional domain or not? In the response of this debate, the recent case law study and Constitutional provisions depicts that in all recent suomoto cases the “Supreme Court of Pakistan” has exercised its power in Constitutional Jurisdiction as envisaged in “Article 184(3) of The Constitution of Islamic Republic of Pakistan, 1973”, Moreover, after the analysis of the Constitutional provisions the author is of the view that, in the current regime the Honourable Chief Justice of Pakistan has not transgressed his powers beyond the Constitutional provisions which are explained in this Article as Constitutional manacles on the jurisdiction of the superior Courts of Pakistan. Most of the recent suo-moto cases on health and education issues come under the preview of the matter of public importance.