PM's role cannot be minimised: CJ
ISLAMABAD – Article 175-A does not abrogate or diminish the independence of judiciary, said the counsel for civil society groups on Tuesday while arguing his case before a 17-member bench of the Supreme Court which is hearing identical petitions challenging the various clauses of the 18th Amendment, particularly the formation of Judicial Commission and Parliamentary Committee for the appointment of judges in superior courts.
Salman Akram Raja said that independence of judiciary was a salient feature of the Constitution and was the foundation for the overall structure of the constitution. He said the fundamental importance to this structure is the judiciary’s power of judicial review, particularly in the context of the enforcement of fundamental rights and for the purpose of giving effect to the separation of powers between the different federating units as well as the three great organs of the state - legislature, judiciary and executive. Judicial review as envisaged by the constitution necessarily mandates the independence of the judiciary.
He said: “The basic structure doctrine of judicial review, if found acceptable may only be made applicable to constitutional amendments and not sub-constitutional legislation or executive actions.”Salman Akram Raja said that independence of judiciary was a salient feature of the Constitution and was the foundation for the overall structure of the constitution. He said the fundamental importance to this structure is the judiciary’s power of judicial review, particularly in the context of the enforcement of fundamental rights and for the purpose of giving effect to the separation of powers between the different federating units as well as the three great organs of the state - legislature, judiciary and executive. Judicial review as envisaged by the constitution necessarily mandates the independence of the judiciary.
The chief justice remarked, “In Pakistan no judgment has been seen that an amendment has been struck down on the basis of the basic structure however the laws were declared null and void on being in conflict with the Constitution and basic rights.” Justice Iftikhar said the Supreme Court is displaying patience over disparaging remarks by some circles, adding it was not his job to open the Pandora box.”
“The crude criticism of court’s verdicts is in our notice, as judicial ruling was insulted with a derogatory word for it on a news channel yesterday; but, the judiciary is patient,” CJ Chaudhry said.
Salman argued the court has three options whether to accept, reject or leave the matter of basic structure. He said that the Objective Resolution of 1949 may be used as corroboration and a guide to determining the basic structure or the basic features of the original constitution of 1973, but does not add any feature as a basic feature to the constitution. The description of ‘democracy blended with Islamic provisions’ as a basic feature is a reference to the democratic structure created by the 1973 constitution along with the Islamic provisions contained in the original constitutional text itself, i.e. Article 1,2,41 and 227.
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