Pakistan’s top judge has said that the Parliament cannot legislate any law repugnant to Constitution, injunctions of Islam and contrary to fundamental laws.
SUPREME COURT OF PAKISTAN
DELEGATION OF YOUTH PARLIAMENT CALLS ON HCJP.
DETAILS STORY
ISLAMABAD JUNE23,2012
A 50-member delegation of Youth Parliament accompanied by members of Steering Committee Mr. S.M. Zafar, Senator and former Federal Minister (Chairman Steering Committee), Mr. Wazir Ahmed Jogezai, former Deputy Speaker, National Assembly of Pakistan (Member Steering Committee) and officers of Youth Parliament Secretariat called on the Hon’ble Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry today, i.e. 23.06.2012 in the Supreme Court Building, Islamabad.
Welcoming the delegation of Youth Parliament, the Hon’ble Chief Justice of Pakistan said “I am delighted” to see the ‘Youth Parliament of Pakistan’ in the Supreme Court today and it is my pleasure to welcome all of you. Youth being a crucial segment of society forms the basis for future development; and you are also face and future of nation. I highly appreciate the project of the ‘Youth Parliament of Pakistan’ launched by the Pakistan Institute of Legislative Development, for providing the young people of this country an opportunity to get them involved in the democratic and political process through proper education and awareness. I am hopeful that the aspirant and zealous young people of today will prove to be the true leaders of democracy in future.”
Talking about the Constitutional scheme in the country, he said, “I am confident that you must be knowing about the scheme of constitution of 1973. The system in our country is parliamentary system. From 1973 onward there have been National Assemblies and Senate but on account of Constitutional turmoil time and again there had been intervention in Parliamentary System, therefore, the expectations of people attached to the Parliament could not be fulfilled. The Parliament is required to give laws in accordance with Constitution for the betterment of the public at large so that laws can be made applicable. I can say with utmost respect that they cannot legislate any law repugnant to Constitution and injunctions of Islam and contrary to fundamental laws, if such law is promulgated, the Supreme Court under its power of Judicial Review can review it. The underlying object of judicial review is to check the abuse of power by the public functionaries and ensuring just and fair treatment to the citizens in accordance with the law and constitutional norms.
Talking about the trichotomy of power he said, “The Constitution is the complete document which answers all the questions. Every organ of the State enjoys complete institutional independence within its constitutional domain, however, any excess or misuse of power beyond that domain becomes the subject matter of judicial scrutiny. The judicial institution of the State with Supreme Court as the final arbiter, acts as the ultimate protector of the rights of citizens and upholder of the constitutional supremacy. The Supreme Court of Pakistan enjoys original, appellate and advisory jurisdiction. The advisory jurisdiction of the Supreme Court extends to matters referred to it by the President of Pakistan for obtaining its opinion on any question of law which he considers of public importance. In 2005, the Supreme Court while deciding a Presidential Reference made under Art.186 of the Constitution declared certain provisions of North-West Frontier Province Hasba Bill as null and void. Similarly, the Supreme Court, to the exclusion of any other court, has the jurisdiction to pronounce declaratory judgments in any dispute between the Federal Government and a provincial government or between any two or more provincial governments under Art 184(1)”.
Talking about the fundamental rights, he said, “Where any question of public importance arises with reference to the enforcement of any of the Fundamental Rights ensured by the Constitution of Pakistan; then the Supreme Court has the power to make any appropriate order for the enforcement of these rights. The Supreme Court in its successive judgments has stressed the need for adherence to the law and the Constitution and compliance with rule of law and due process requirement to establish a system of civilized governance in the country. It has always squarely adjudicated upon the matters pending before it within the four corners of law and the Constitution in order to ensure continuation of the democratic process in the country. Law applies to all irrespective of their status, power, caste, creed and religion. No one can claim supremacy over and above the law”.
Advising the members of Youth Parliament, he said, “As you people are young and have to set a future road map for the prevalence of democratic rule and harmony in Pakistan, I would like to advise all of you to study the basic features of our Constitution and also how the document has been interpreted by courts; so as to acquaint yourselves with the constitutional history and the role of superior courts in protecting the fundamental rights and the constitutional development of Pakistan”.
Senator S.M. Zafar addressing the delegation said, Youth Parliament is willing to bring about change if they are given chance they can bring about a change. He further pointed out that in our country, education has not been taken care of because if it had been properly taken care of, our country would have flourished more and more. Commenting on issue of Balochistan, he said that people Balochs are satisfied that their grievances are being addressed by the Supreme Court of Pakistan.
The Hon’ble Chief Justice of Pakistan presented Supreme Court Annual Report to Youth Parliament which provides information on the working of the Supreme Court. The delegation also presented a Shied to Hon’ble Chief Justice of Pakistan. Earlier, Dr. Faqir Hussain, Registrar Supreme Court of Pakistan welcomed Youth Parliament on their visit to Supreme Court of Pakistan.
