Unseemly haste
The new bill offers protection to ‘office-bearers’ holding high rank from contempt proceedings. These privileged office-bearers include the prime minister, federal ministers, the president, provincial chief ministers and governors. Remarks criticising the judiciary, made in ‘good intent’ will also not be considered contempt. The law replaces the previous standing of contempt on the statute book and is obviously a matter of immense debate in all circles. This is all the more so, since the law was literally thrust through parliament with a barge pole and no time was spent on discussing it, which was highly unfortunate considering the opposition put up by other parties.
The manner in which the whole affair has been handled could misfire badly. It is very likely, indeed almost certain, that the law will be challenged. The Chief Justice of Pakistan, Iftikhar Chaudhry himself has warned of this in his comments about the degree of supremacy enjoyed by parliament. What we see ahead of us is the very real possibility of further confrontation between the judiciary and the executive. This will not be good for any one and it will be most damaging of all for democracy in our country, which is struggling to find some kind of foothold even now so that it can lever itself into a stronger position for the future. Hasty decisions made perhaps, in panic, can only hamper this process and hold back the stability we are trying to achieve in our country.
Published in The Express Tribune, July 11th, 2012.
COMMENTS (9)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
1736491528-0/Untitled-design-(18)1736491528-0-405x300.webp "article")
1736490799-0/Untitled-design-(17)1736490799-0-165x106.webp "article")
1736332856-0/Untitled-design-(20)1736332856-0-270x192.webp "kourtney kardashian s stepdaughter alabama barker debuts striking new look after recent er visit")
1736334465-0/sidra--(45)1736334465-0-270x192.webp "sindh introduces ev taxis for unemployed youth")
@AnIndian: The Objectives Resoution states: "Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the State of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust; This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan; Wherein the State shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah;"
That said the Parliament is not supreme nor sovereign within the Pakistani constitution - the people who claim otherwise do not understand the constitution or have agendas to promote other ideas.
Parliament must take all necessary steps/actions to protect its sovereingty.SC probably thinks that supramacy of law can only be ensured by keeping elected house and the govt. instable
The problem is not the letter of the law. Supremacy and sovereignty belong to truth and justice and as a consequence to any group that represent this moral high ground. Unfortunately our parliament and parliamentarians have lost their own credibility and worth in the eyes of people by their own corrupt and depraved behaviour. They can make as many laws and pass as many bills but these have no value. The people will naturally be on the side of whoever comes forward to stop our parliament's massacre of all moral values. CJ will be hailed as a saviour if he hangs each one of these corrupt mafia members.
What is democracy withouth checks and balances. If the SC convicts a PM, how can that be taken to mean that the SC is preventing him performing his duties? His 'duties' should not include flouting the law of the land, end of story.
Seriously, what planet are these 'pro-democracy' clowns from?
A dictator abrogated & modifies constitution through PCO, later issues decrees and makes law thru puppet parliament - All of which are validated by a gutless Supreme Court.
The same judges today have the nerve to pontificate about how an elected parliament is not supreme in making laws? Supreme court can indeed set aside laws that are against the tenets of constitution, but it can't question the legitimacy of Parliamentary supremacy in making laws or even amending constitution.
A judiciary that confronts Parliament will only weaken its position over time. That is because, the people's representative have far higher role in shaping opinions than judges, and they are bound to retaliate at sometime, if judiciary plays a spoiler role.
Respected All,
Agree with all of your PCO judges statements ? but was it not parliament who endorsed and legalised the appointments of PCO judges in 2003 ? what about that sir ? they could have nullified that and all judges would have gone home then ? This is sad that we forget the history and try to concentrate on recent doings. instead of appreciating an institution who is atleast trying to save the constitution and protecting basic human rights.why a common man is not entitled to be part of the list who can say whatever they want to the decisions of judiciary ? Is this morally or religiously acceptable to protect those who have been found guilty by swiss court and are highly likely to be punished again in the appeal process on halt ?
why don't they simply allow bashing and smashing the judges infront of all in court room ?
Media is making a big debate about a small issue. Parliament is supreme in any democracy and when any Institution tries to eject an elected PM it must do all it can through legislation to nip these attempts in the bud. The President has immunity under the Constitution without ifs and buts which the PM knows. By not writing a letter PM was right and legally correct. PCO Judges should have been sent home long ago and their licenses to practice cancelled.
The constitution already provides immunity to the president and governors and it is nothing new. The SC has gone to every extent to rob the executive their authority to rule without the fear of victimization and interference. This is the only option for the parliament when the PCO SC CJ goes out and makes speeches against the parliament. Let the SC try and reject the law and be dead in the history as once PCO always PCO. Of course the parliament would act in haste as the SC is waiting in to ambush the elected NA yet another time in its dark history.
Can a Pakistani brother/sister, help me understand???
Is Pakistan Parliament Sovereign? Is Pakistan Parliament Supreme?
In England, the Parliament is Sovereign and Supreme, even the constitution is subordinate to the rules made by Parliament.
In India, the constitution is Supreme, ie, the basic structure of the constitution cannot be altered, and the laws passed can/will be subject to scrutiny by Judiciary for constitutional validity. The Indian Parliament is not even Sovereign but the state legislatures are: some laws affecting the state jurisdiction must be ratified by state assemblies.
Thank you.