Pakistan

Hearing of petitions against 18th amendment underway

The hearing of petitions challenging various clauses of 18th amendment is underway in the Supreme Court (SC).

Express July 27, 2010

ISLAMABAD: The hearing of petitions challenging various clauses of 18th amendment is underway in the Supreme Court (SC).

Justice Khalilur Rehman Ramday has warned that anarchy will prevail if courts are denied judicial review of the amendment.

Continuing yesterday's arguments, Counsel for the Federation Wasim Sajjad noted that constitutional amendment is a political affair and Parliament is the supreme authority under the Objectives Resolution.

He contended that there is no part of the constitution that cannot be amended.

On this, Chief Justice Iftikhar Chaudhry said the Objectives Resolution only forms the basis of the constitution but the entire constitution cannot be judged under the same resolution.

Sajjad also contended that the court has no authority to examine constitutional amendments under Article 239 of the constitution.

Yesterday, the counsel for the federation cited various cases, arguing that the basis structure of the constitution has not been changed.

COMMENTS (3)

Zia Niazi | 14 years ago | Reply “What has been done in the 18th Amendment is destruction of the institution of the Chief Justice of Pakistan,” Justice Ramday observed as the Supreme Court of Pakistan heard petition on 18th Amendment. As a matter of fact, had the Charter of Democracy been implemented in it’s truest manifestations and had the Supreme Court respected the institution of Judiciary, Justice Ramday would not have been sitting as an Ad-Hoc Judge. Furthermore, one fails to understand the presence of Chief Justice of Pakistan in the larger bench hearing petition against the 18th amendment when the institution of Chief Justice is itself a party to the case. The whole exercise seems like a deliberate attempt at tainting the 18th Amendment as a whole. A few days back Justice Ramday was reported to have said: ‘Shall we now call upon the people to implement the Judiciary’s orders?”. This reflects the mindset of Judiciary as a whole.

Fayyaz Haider | 14 years ago | Reply Our politicians think the nation is a fool. They made major amendments in all those provisions of the constitution which protect them from answerablity. Nothing for the rights of the people has so far been approved.

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