Constitutionalism 101: ‘Armed forces can only work on govt directions’

CJP educates civil, military leaders on their duties and limitations.

ISLAMABAD:

Saturday’s visit to the Supreme Court building may have been the most appropriate field-trip for the civil and military officers of the National Defence University.

Addressing the officers on dos and don’ts of constitutionalism, Chief Justice Iftikhar Muhammad Chaudhry said any action taken by the armed forces without the federal government’s direction would be unconstitutional, illegal, void ab initio and consequently of no legal effect.

What to do

Article 245 of the Constitution defines the armed forces’ functions and role and says that they, under the directions of the federal government, shall defend Pakistan against external aggression or threat of war, the chief justice said.

Secondly, subject to law, the armed forces may act in aid of civil power, when called upon to do so by the government.

The oath, prescribed in Article 244 of the Constitution, binds every member of the armed forces to bear true faith and allegiance to Pakistan and uphold the constitution,  Justice Chaudhry said.

Every member is bound by the oath not to engage himself in any political activities whatsoever and serve the country honestly and faithfully, he added.

What not to do

It was a conscious effort by the architects of the constitution to restrict the role of the armed forces to defending the borders of the country and to safeguard the constitution from any adventurism, the chief justice said. He added that the Supreme Court, in its judgment of July 31, 2009, restricted the judges of superior courts from taking fresh oath under a provisional constitutional order.

Assumption of power by an authority not mentioned in the constitution would be unconstitutional, illegal, void ab initio and will not be endorsed by any court of the country, including the Supreme Court, he added.

Dispelling any notions of superiority by any single institution of the country, the chief justice said it is beyond the capacity and power of an individual or an institution to chart the destiny of a nation. The synergy of all national institutions in a combined manner can help steer the state development, he added.

Published in The Express Tribune, November 13^th, 2011.