Justice Muhammad Munir (1895–1979)
Position: 2nd Chief Justice of Pakistan (1954–1960)
Notable For: Introducing the “Doctrine of Necessity” in Pakistan’s legal system
Early Life & Education
• Birth: 1895, Amritsar, Punjab, British India
• Ethnicity: Kakkyzai Pashtun family
• Education:
• Master’s in English Literature from Government College University, Lahore
• LL.B. from Punjab University Law College
• Legal Career Start: Began practicing law in Amritsar in 1921; moved to Lahore in 1922
Legal & Judicial Career
• 1937: Appointed Assistant Advocate-General of Punjab
• 1940: First President of the Income Tax Appellate Tribunal of British India
• 1942: Elevated to the Bench of Judicature at Lahore
• 1947: Represented the All India Muslim League on the Punjab Boundary Commission
• 1948: Chairman of the Pakistan Pay Commission
• 1949–1954: Chief Justice of the Lahore High Court
• 1954–1960: Chief Justice of the Federal Court (Supreme Court of Pakistan)
• 1956–1958: Chairman of the Delimitation Commission
Landmark Judgments & Doctrine of Necessity
Federation of Pakistan v. Maulvi Tamizuddin Khan (1955)
• Context: Governor-General Ghulam Muhammad dissolved Pakistan’s first Constituent
Assembly in 1954.
• Challenge: Maulvi Tamizuddin Khan contested the dissolution in the Sindh High Court,
which ruled the action unconstitutional.
• Supreme Court Ruling: Under Chief Justice Munir, the Federal Court overturned the High
Court’s decision, validating the dissolution.
• Doctrine Introduced: Doctrine of Necessity, stating:
“Necessity makes lawful that which is otherwise unlawful.”
• Impact: This doctrine was later used to legitimize military coups and other
extraconstitutional actions in Pakistan. 
Dosso v. Federation of Pakistan (1958)
• Context: Following the 1958 martial law imposed by President Iskander Mirza, the
legality of the new regime was challenged.
• Supreme Court Ruling: Chief Justice Munir upheld the martial law, applying Hans
Kelsen’s theory that a successful revolution creates its own legality.
• Significance: This judgment further entrenched the Doctrine of Necessity in Pakistan’s
legal framework. 
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Writings
• Book: From Jinnah to Zia (1980)
• Content: Analyzes Pakistan’s political evolution and argues that Muhammad Ali Jinnah
envisioned a secular state.
Legacy
• Controversial Figure: While recognized for his legal acumen, Justice Munir’s judgments,
particularly the introduction of the Doctrine of Necessity, have been criticized for undermining
democratic institutions.
• Influence: His rulings set precedents that impacted Pakistan’s constitutional
development and civil-military relations for decades.
Summary
Justice Muhammad Munir’s tenure as Chief Justice was marked by landmark decisions that have had a
lasting impact on Pakistan’s legal and political landscape. His introduction of the Doctrine of Necessity
provided legal justification for actions taken during times of political crisis but has also been a subject of
intense debate and criticism.
References:
• Muhammad Munir - Wikipedia
• Federation of Pakistan v. Maulvi Tamizuddin Khan - Wikipedia
• Dosso case - Wikipedia
