State’s excesses subject to judicial scrutiny: CJ
While addressing a delegation of the Youth Parliament on Saturday, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry made it clear that whenever an organ of the state misuses its powers, it becomes the judiciary’s prerogative to subject it to scrutiny.
“The Constitution is a document which states that every organ of the state enjoys complete institutional independence within its constitutional domain. However, any excess or misuse of power beyond that domain becomes the subject matter of judicial scrutiny,” the chief justice said.
Chief Justice Chaudhry claimed that the expectations Pakistanis had of parliament to address their needs could not be fulfilled in the past, due to the constant political and constitutional turmoil in the country. “From 1973 onwards, even though there have been active national assemblies and senates, political and constitutional turmoil has repeatedly interfered in parliament’s functions; therefore, the expectations of people attached with it have remained unfulfilled,” he added.
The chief justice also clarified parliament has the authority to legislate. However, it could not pass a law that is against the Constitution. “Parliament is required to pass laws in accordance with the Constitution for the betterment of the public at large so that they can be made applicable. I can assure you that they cannot approve a law that is against the Constitution, the principles of Islam and contrary to fundamental laws.” He went on to say that if such a law was promulgated, the Supreme Court had the authority to judicially review it.
He explained that the fundamental objective of the judicial review was to check the abuse of power by public functionaries, and ensuring just and fair treatment to the citizens in accordance with the law and constitutional norms.
Speaking on the fundamental rights of Pakistanis, Chief Justice Chaudhry stated that “where any question of negligence arises regarding the enforcement of any of the fundamental rights ensured by the Constitution of Pakistan, then the Supreme Court has the power to make any appropriate order for the enforcement of these rights.”
Published In The Express Tribune, June 24th, 2012.
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1732523125-0/Express-Tribune-(7)1732523125-0-270x192.webp "atc approves physical remand of pti workers arrested during protest in islamabad")
The PCO CJ now sounds like Gen Zia who had a divine right to rule the country from the top. It is about time the parliament impeaches the out of control judiciary.
This corrupt and inefficient Government has brought the country at the verge bankruptcy, in spite of CJ's Judicial scrutiny. I think the present coalition Government formed to protect the vested interests of the constituent party heads, deserves to be treated with some thing more drastic than mere scrutiny by the supreme court.
Every thing is subject to judicial scrutiny - that doesn't include Raiwind, Range Rovers or Monte Carlo.
Well said CJ.. There has to be a check and balance on the parliamant. You are our hero.
And to whom are judicial excesses answerable?
Repeated Turmoils?? I thought on each and every occasion the Supreme Court and its Hon'ble Justices had held the usurpers to be the 'genuine goods'. So where does this 'turmoil' business come from?
He explained that the fundamental objective of the judicial review was to check the abuse of power by public functionaries, and ensuring just and fair treatment to the citizens in accordance with the law and constitutional norms.
How true. And the Generals and the DGs of ISI and the Justices of PCO/LFO Courts not being 'public functionaries' are not subject to 'Constitutional norms'. Now I understand it all.
Thank you.
And what happened to this News item please.
http://tribune.com.pk/story/398178/no-one-can-claim-supremacy-over-and-above-law-chief-justice/#comment-769793
balanced argument.
The CJ says: “From 1973 onwards, even though there have been active national assemblies and senates, political and constitutional turmoil has repeatedly interfered in parliament’s functions; therefore, the expectations of people attached with it have remained unfulfilled,” However, few parliamentarians were sincere with people’s welfare or competent for solving their problems. This is so since most politicians are living in a state of moral vacuum. They neither adhere to Western values nor to Islamic ideals. But even the people at large are infected with this malaise, so help us Allah! Nevertheless, Allah helps those who help themselves. Are we ready to help ourselves?
And who is responsible for these "repeated turmoils"? Bulk of the blame has to be borne by you and your colleagues, MiLord !!!
And to whom judges are accountable ? ?