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Separation of powers

Letter October 25, 2010
I write in reference to news carried recently by your newspaper on the Supreme Court ruling in 18th Amendment case.

LAHORE: I write in reference to the news carried recently by your newspaper on the Supreme Court ruling in 18th Amendment case. Although the whole nation (all political parties, think tanks and analysts hail the decision) and I share their joy as well. However, as a student of law and a firm believer in parliamentary form of democracy with separation of powers at heart, I apprehend that by this decision judiciary would become a de facto consultee on matters which pertains exclusively to the domain of parliament, that is, law making. Moreover, in future the complete order, which is yet to be issued, should not stipulate the provision to seek advice of judges of the superior courts while enacting laws. Democracy or any other form of government works well when all institutions respect and maintain separation of powers and don't encroach upon others' domain.

Osman Qadir

Advocate, High Court

Published in The Express Tribune, October 25th, 2010.