Constitutionalism 101: ‘Armed forces can only work on govt directions’
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 13th, 2011.
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CJ is talking of old days. Someone writes, "CJ is not aware, the remote control has been invented."
may reqwast is mullaqat taim
Bravo CJP.I fully endorse your point .This is the Voice of People , who provided the courage and the enthusiasm to you to speak .this is a landmark rebuttal , I suppose this is the voice of impalpable people , the real sufferers of this impoverished nation .Now is the time to look introspectively by all responsible and work within the legal domains well defined by the Constitution .
@Adeel759: You are correct because jeep and truck notion was first used by Ch. Shujjat but later what happened is known to all. You are correct that only PPP sufffers but this time it won't happen because Master Keys are with them. Democracy must be given a chance with full authority and not with strings attached. Whosoever enters into PM and Presidency House in the next elections (if ever held) should also enjoy the same period of five years. I hope SC realizes this and stops creating unnecessary impediments in the way of executive's authorities.
@AK Wilson. This threatening notion of a jeep and truck was first floated by Ch Shujaat, even though being a Democrat that Ch Sab is, he should 've said,"We will lay our selves(Politicians backed by masses) in front of the jeep that ventured out to capitulate the will of people. It should not be duty of only Bhutto family to lay their lives for democracy. CJ well done,sir for standing in NDU, looking in the eyes of top brass and say what Your Honor said, your guts are matchless.
I am a great supporter of the Hon:Chief Justice of Pakistan.Will he kindly look into the NAB courts & also educate the judges over there to dispense justice without any sifarish to suffering public at large.
I hope the CJ gets an extension. I really hope and desire.
This time CJ too alongwith his team will be despatched on 21/2 tonner Army truck to attock fort and will be tried by newly appointed judges. i wish its Right what he is saying but reality is different...
ya, it is good step by CJP but if any case the army abrogates constitution it is the duty of each and every citizen to stand up and reject the martial law
I totally agree with CJ of our SC but what to do if suddenly a Jeep with a Major on its front seat, followed by a truck full of soldiers appears from 111 brigade???? If all including the judiciary does not want this to take place then stop demonizing the present civilian government on the scale the nation is witnessing.
At last new dawn for Pakistani's brothers and sisters.It was bound to happen.Please show Military Bosses who is real Boss- Democratically elected Government is the Master and army has to obey come what may.
The army's role is nothing more than any other department of paid govt servants. In Pakistan instead of servants they have become the masters and usurpers in every sense of the word with no regard for the laws or constitution. The generals work as a team that is why no army takeover is ever opposed by the other generals. The oath to uphold the constitution means nothing to them at all. Nice try CJ!
Thanks you!! but you haven't made any difference other than of these statements which never helps the common man.
till the freedom of lower courts pakistan can't improve its justice, we need courts and justice similar to britain. i wonder how our politicians can support the commissionerate system made by east india company to rule our land but not the fair justice and laws practiced in britain
CJP ! May you live long.
hope for independent courts and justice for all in pakistan. freedom filtration of lower courts is the most important and urgently done issue to provide fair justice free of all influences by rich against poor