Pakistan

'Parliament has gone beyond its mandate'

The hearing of petitions challenging various clauses of the 18th amendment has been adjourned till Thursday.

Express July 14, 2010

The hearing of petitions challenging various clauses of the 18th amendment has been adjourned till Thursday. Senior lawyer Hafeez Pirzada said that the present parliament has gone beyond its mandate by including the 18th amendment in the constitution.

He said that the parliament can make amendments, but it does not have the power to change the basic structure of the Constitution. However, he also said that the parliament has abused its power to alter the fundamental framework of the Constitution by adding controversial clauses.

While making his arguments, Pirzada also dispelled the impression that the court does not have the power to scrap the 18th amendment.

Chief Justice Iftikhar Chaudhry said that that efforts should be made to save the constitutional provision and asserted that the judiciary is obliged to save the system.

Speaking on constitutional convention, Justice Khosa asked Pirzada to elaborate on whether the court can strike down Article 2-A by terming it as legistlation.

Clause 2A of Article 6 : “An act of high treason mentioned in clause (1) or (2) shall not be validated by any court, including the Supreme Court and a high court.”

Clause 1 : “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”

Clause 2 of Article 6 : “Any person aiding or abetting or collaborating the acts mentioned in clause (1) shall likewise be guilty of high treason.”

During yesterday's hearing, Justice Khalilur Rehman Ramday said that it was the parliament which gave permanence to martial laws, not the judiciary.

Justice Ramday also asked senior advocate Hafeez Pirzada why the judiciary is always singled out for backing martial laws and why past parliament have validated the wrong verdicts of courts. Justice Ramday said it was the parliament which validated the court's verdict in Nusrat Bhutto's case, and it was the parliament again which supported the November 3rd action.

Justice Saqib Nisar said that the Constitution is a dynamic document in which amendments need to be made to suit changing circumstances.

COMMENTS (7)

Dr. Altaf ul Hassan | 14 years ago | Reply Shaheed Mohtarma Benazir's uncles have decided not to forgive her at any cost althoug she is leading her eternal life.May God bless her.

M. Ahmed | 14 years ago | Reply Unfortunately, legislation in our pure land has been done to suit individuals, groups and special interests both under civil and military governments. Nothing has been done for the welfare of the people. Otherwise matters would not have worsened to the present state of affairs. Now it is being revisted by the Supreme Court which is hopeful. We must see it as beacon of light. Absolute power corrupts absolutely. Supreme Court is the best check on Parliament that comprises of history-sheeters. In the past 63 years, whether it was Doctrine of Necessity or a SRO to reduce the duty structure on BMW's for a day, the beneficeries were the priveleged class. Time to dispense justice has finally arrived ! Insaf, insaf is the voice of the people. Voice of the people is the voice of God !

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No BS | 14 years ago | Reply I feel the SC will send some recommendations to the parliament to make changes to the 18th ammendment. And then the focus will shift back to NRO...

Sharjeel Jawaid | 14 years ago | Reply Parliaments in some countries have recently legitimized issues like gay marriages etc. which reflect the values practice by their societies. Are we prepared to live with such liberty resting with our parliament? If our law makers go to the extent of deleleting perjury, which has been allegedly committed by their house mates; would the nation accept it? Being elected does not give the license to be an absolute authority. Our elected representatives should bear in mind that Democracy is based on a working concept of check and balance. Beware, Hitler entered the Government of Weimar Republic [Post World War I Germany] through elections

KM | 14 years ago | Reply The problem is that when you dont have accountability, you dance to the sounds of the boot when they overtake power. When you have accountability, you start maligning them to your advantage. Are you all as Pakistanis confused? Democracy cannot previal, unless proper rules and regulation are stated, accounted and practiced as well ...

Fayyaz Haider | 14 years ago | Reply Our politicians have made this country a mess. They always backed the martial laws. Without their support it was not possible for any martial law administer to rule us. Praise is for the judges who what so ever the reason is raising technical legal questions, which will certainly, sweep the messes of the so called Jumhooriay (Politicians). Why we forget that this constitution is the guardian of our rights and explanation of this will always be in our favour.

Ammar | 14 years ago | Reply Questions! Questions! and more Questions!!! Why wrong verdicts were given by the court? Can the court hide behind the validation from parliament? If the validation stamps the legality of the actions then parliament has not validated the executive order for restoration of superior judiciary, should they be considered as illegally holding their offices? I suggest, so called judges should go out of courts and contest the by elections (Preferably on PMLN ticket), to be held on the seats vacated by parliamentarians holding fake degrees as PMLN is hitting the highest percentile in the total count of the said degrees. But they should not write the books praising the sharifs and should not give political statements in bar addresses. Because whole thing is leading nowhere but destruction.

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