Breaking silence: Parliament supreme, can enact any law, says Zardari
Having maintained a public silence on a number of new issues that have cropped up between the government and the judiciary, the president has finally spoken out.
With the contentious new contempt law set to be taken by the apex court, President Asif Ali Zardari on Thursday said parliament had every right to enact laws, and would continue to do so in the future. In an apparent retort to remarks by the chief justice of Pakistan who said that the Constitution trumped all institutions, President Zardari said that parliament was supreme as it expressed the will of the people.
Addressing a gathering of ministers, senators, members of the National and Provincial Assemblies (MNAs, MPAs) and Pakistan Peoples Party (PPP)’s divisional and district office bearers at the Sindh Chief Minister House, the president also indirectly rubbished an order by the Lahore High Court to cease using the Presidency for political purposes by September this year. He maintained that his office was a part of parliament under the Constitution and meets with other parliamentarians since ‘parliament was his constituency’. He added that no law barred the president from meeting his constituents. “No one can bar me from meeting with elected representatives of PPP at the President House. You have elected me and I have become president because of your votes,” he said.
The president also said that those who wanted to restrict political forces would not succeed.
He said that it was necessary for the system’s stability that every state institution respected the mandate of other institutions. However, he remained calm about the situation, saying that, while some institutions may, at times, appear to be overstepping their mandate in developing democracies, this was part of the system’s evolution and should not be a matter of concern.
He said that the PPP was not new to the “conspiracies of anti-democratic forces” and had been fighting them for the last four decades, successfully surviving all sorts of “propaganda.” He added that no conspiracies or propaganda can weaken the party.
Meanwhile, President Zardari asked Sindh Chief Minister Qaim Ali Shah to create more employment opportunities in the province.
He also advised other ministers, legislators and PPP office bearers to maintain contact with the people in order to address their issues.
Referring to the law and order situation in Karachi, President Zardari underscored the need for equipping law-enforcement authorities with state-of-the-art tools to combat criminals in an effective manner.
He said Karachi, being the hub of the country’s economic activities, was also suffering because of the rapid changes at the international level.
Published in The Express Tribune, July 20th, 2012.
COMMENTS (49)
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Parliament has the right to enact law but the same can not be against the fundamental rights and not against the spirit of Constitution. Judiciary can only interpret if the enactment violates the constitution or not. Beyond that Judiciary has no role in democracy. Democracy has four pillars Legislature (e.g Parliament) Executive (e.g Government) Judiciary (e.g Supreme Court) Journalism (e.g Newspapers, Internet Media). there can not be intervention by any institution in the area of other institution else it will crack the democratic system. NRO if perceived by the Judiciary as anti constitution focus should be on it and not on individual cases else it indicates wrong signal.
What the Presidebt says is correct. Elected officials are the people's representatives. (I don't favour Zardari, but he is actually right in what he is saying)
Parliament through consensus promulgated the constitution and as such parliament is supreme over all the institutions that the constitution establishes.
But here is the catch:- the same law giver (parliament) is also bound by the constitution and cannot amend or enact the articles of constitution to fit a situation, unless that situation is totally repugnant to the principles and ideals of a constitution. The contempt law is certainly not one of those situations.
Just because parliament is supreme it cannot go on an amendment spree and enact laws that condones slavery or prostitution and in this case priviledge status of a few, like exemption from prosecution while in the office.
In other words, once gods set the rules, they become human mortals and are bound by the same law. This distinction is the key in constitutional republic. So, parliament cannot exempt itself from the laws and the power of the parliament to enact laws is restricted by the constitution.
If parliament can enact any law because of its supreme constitutional position, then parliament becomes kings court and becomes the cabal of lords and dictators. It is like military rulers amending the constitution to claim legitimacy for their rule once they captured the government.-I am sure PAK knows all about it.
He is correct. People may be angry on Prime Minister and President, that is a different issue. The way judiciary trying to rule the country is not conducive to any democracy.
Sir, It is higher judiciary — not the opposition like PML-N and coalition like MQM, ANP and PML-Q. You can not buy the honourable Judges. You will bite the dust and your new contempt law will be strike down in the next couple of days. You can not fool all the people all the time. Nose is being tightened and apex court will not spare any cheater.
Pakistan's Parliament should enact a law saying that no one is above the law - be he peon or president and whether in office or retired or dead.
Who is Iftkhar Ch. to dictate Parliament? Ch. Sahab Parliament is supreme and you have to admit that; Let aside your personal grudge against President of Pakistan and let him do his duty; At least I owe Mr. President for his efforts for strengthening Democracy in the country! Pakistan Khappay; Jamhooriat Khappay!
1) President Asif Zardari's statement reflects statesmanship par excellence. 2) He is right. It is Parliament's job to make laws. Dual PCO Judge Iftikhar is overstepping his limits. 3) Mr Jinnah was President of Muslim League as well as Governor-General of Pakistan. There is no harm or constitutional bar on Zardari's being President of Pakistan and Co-Chairman of PPP. Nobody can deny the historical fact that Mr Jinnah was not an elected Governor-General though if he had opted for an election, he would have won hands down. On the other hand, Zardari is a duly elected President of Pakistan by more than two-thirds majority. I would request everybody not to misunderstand my comments, these are only facts of history.
I can only laugh on people who support PPP and are living in Pakistan. Can't you see how pathetic life is in pakistan because of this gov
Mr.President, you are quite right, And we love you. Every sane pakistani know the role of our judiciary. They, in really are always against the rule of law & democracy. They behave in theory as superhuman, But in practice they are weak, coward and corrupt. People of pakistan are for democracy, progress, peace & prosperity. In democracy parliament is sovereign and have the right to govern. People of Pakistan are on the side their elected representatives.
"Breaking silence: Parliament supreme, can enact any law, says Zardari" ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ And the SC interprets and rules on the Constitutional validity of the Law.
As if he is the EXPERT in everything!!!!!
No matter how bad Mr President is, i agree with him what he said. parliament is supreme. And the CJ has nothing to do rather than picking up cases which are of no interest for a middle class or poor, who is awaiting a judgment on his 15 years long outstanding case. Im not in favor of Musharaf, but during that time the allegations which were on the CJ regarding his son, if not fully then there was some truth in those allegations. and then now the Arsalan case. me as a Shia Muslim would be more interested if the CJ takes notice of the brutal killing of the shia. i would be grateful if does free laskhar Jahangavi guys. malik ishaaq who is one of the Jahangvi leader and has 70 murder cases on him, is recently release. on what basis? and those shia molvi has in jail for over 10 years but no date of the hearing been given. i would be interested if the CJ takes notice of the schemes like aashiana or yellow cap scheme who in the past had given nothing then losses to the country, I would be interested if CJ calls the Chief of the Army staff, and drone attacks and missing people case.
Oh bahi jis ka DA lagta hai woh mazzay lee raha hai including the CJ, who day and night dreams of Zardari and thats all about it.
This is one smart guy that we can say is evil genius as a complement. He knows how to play his card.
Guess when are the election ...
You want to know. ...
In January. Cause in December is the death aniversary of our dear Mrs Bhutto. And he will use the sympthy and convert that into votes.
Just wait and see
Parliament would be supreme IF it actually voiced the aspirations of the people but sadly it voices the aspirations of only the parliamentarians.
Jiyalas..wait for the wrath of Allah swt to fall soon.Passing laws in 68 minutes ( world record) for survival of oneself is surely being self-fish.No law for the benefit of people has been pased in such a way...is this democracy ? Surely the PPP govt, it's allies and supporters hv proved to be anti-people and will be answerable to Allah swt for the cry from poor people this Ramadan....
There is a reason we are failed state.
We refuse to understand and belive in the representation of the people and how the process of public representation evolves. Everyone including the courts in this country wants to short circut that.
We have been doing this ever since our inception and i dont see how doing the short circuit again will change the beaded, fractured state that we are now.
President of Ppp, not all the Pakistan? You selected the job, than follow the known rouls every one did and doing in the world. Honor the conditions you have with the title and job.
@ Saif, "Imran khan is our next PM..hopefully we will not see this man again…or hopefully we will see him in the jail."
It is funny as if Imaran Khan is elected as PM, he will take oath from Zardari,
Mr President,you are the most democratic person Pakistan.You have accepted even all wrong decisions by SC too.Had PMLN in power,then would have attacked SC.You gave us independent chief Election Commissioner too.We love you.
The people from Central Punjab will always hate you without any evidence just because you are SIndhi.DOnot pay heed to them and continue your good work.
The first statement of the Constitution of Pakistan is:-
“Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;”
Thus, the Parliament of Pakistan is bound to pass the law “within the limits prescribed by Him”
As far as I know the President of Pakistan is not Him, so he has no constitutional authority to confirm that:-
“parliament had every right to enact laws, and would continue to do so in the future.”Awesome Mr. President. You tell them. Whether its war or peace, we are with you Mr. Zardari.
Yes, the parliament is supreme, but it has to enact laws within the limits laid down by the constitution. Perpetually being in conflict with the country's judiciary, and using parliament simply to protect personal and party interests, is neither democracy nor does it come within the ambit of permissible behavior. AS for the PP, this is not the party founded by Z.A. Bhutto. It was hijacked long ago by elements who have nothing to do with the people or their interests!
The Parliament is full of uneducated feudal elements who hardly have much knowledge about law. They can legislate their whimsical laws but if they are found contrary to the Constitution, the Supreme Court can declare them ultra vires. Moreover, a President is not supposed to use the pretext of being part of the Parliament to manipulate coalition politics.
The Parliament is full of uneducated feudal elements who hardly have much knowledge about law. They can legislate their whimsical laws but if they are found contrary to the Constitution, the Supreme Court can declare them ultra vires. Moreover, the President is not supposed to use the pretext of being part of the Parliament to manipulate coalition politics. The President is pre-supposed to behave with dignity.
yes, the prime duty of parliment is to do legisloation. But it is not Dectorarte country in which the laws are made against the public of pakistan.
He is right because Zardari has proven that 1-Democracy is much the best source of revenge from any person and department and 2-Might is right........
Sir. you are ABOVE the LAW.
The next election results would expose the claims of all political parties including the biggest of them all the PCO SC judges. Only Gen Mush and Gen Zia had the right to be army chief, president and head of their own created parties. The SC never failed to endorse each of their actions. However, an elected president who was the head of his party cannot have any political activity. The judges can have their jan nisar raising slogans and misbehaving in courts, and showering terrorists with roses.
is our president delusional? what "will of the people" does the parliament represent? if they did, he wouldn't be president right now!
Imran khan is our next PM..hopefully we will not see this man again...or hopefully we will see him in the jail.
Mr. President: The roots of most of the problems Pakistan is facing today (including the economic & political crises and religious intolerance) are inherently constitutional. Thanks to our Father of the Nation’s foresight, a comprehensive solution of these problems fortunately still exists! The unique solution lies in including Quaid-e-Azam Muhammad Ali Jinnah’s August 11, 1947 Presidential Address to the Constituent Assembly of Pakistan as “Quaid-e-Azam’s Vision of Pakistan” in the constitution before its preamble. Embedding Quaid-e-Azam’s progressive vision into the constitution as articulated through his words of wisdom is bound to have a profound impact on our national destiny, as it will modernize our national psyche and humanize the state by forcing it to solely concentrate on the well-being of its citizens regardless of their creed or ethnicity. This masterful stroke will establish the Federal Legislature of Pakistan as its “full and complete sovereign body” as Quaid-e-Azam clearly spelled out in his address; and will eventually undo all the wrongs inflicted upon the constitution since as far back as 1973-74. Above all, it will provide the people with the legal framework and moral foundation badly needed to combat the institutionalized bigotry rampant in our state. Quaid-e-Azam’s address must be enshrined in the constitution, as it is the only hope left for Pakistan to function as a nation-state in the 21st century and beyond. Quaid-e-Azam’s stature and the parliamentary majority offer the present government the unique opportunity to achieve this breakthrough now that shall uplift the generations of Pakistanis alive and yet to be born. The government must feel the burden of history and seize the day.
The President must know that he is being given a tough time by the law of the land. There are no two opinions on that. Sycophancy has its limits and the sooner he leaves the office of the President, the better for all. The law is a written document passed by the Parliament under supervision of the Law Ministry. The interpretation and implementation of the law is left to the Supreme, High and lower courts of justice. The Law Ministry has to work impartially and remain unbiased at all times. The Contempt of Court Act was passed hastily without any discussion whereas the Constitution says a minimum number of days of discussion are required for each bill. Is the passage not a violation in itself? The parliamentarians are of the opinion that time has stood still for them. That is why we see a 'devil may care' attitude. Enough is enough. The PPP has to throw in the towel and bid adieu. The country has to move on ahead and the people need to also get on ahead with their lives. Salams
Interpretation of law is the sole domain of the courts of Pakistan, not the President. Get used to it.
Irony! this thug is now going to dictate laws of the country because the army chief is on his payroll.
Perhaps our esteemed president can learn from Egypt's Mohammad Morsi, who upon getting elected vowed to be the president of ALL Egyptians, and resigned from the Muslim Brotherhood and the Freedom and Justice Party: http://www.nytimes.com/2012/06/25/world/middleeast/mohamed-morsi-of-muslim-brotherhood-declared-as-egypts-president.html?pagewanted=all
Statements...........statements. When will PPP start delivering some tangible results??
The people of Multan and the rest of the country are with you Mr President, no to military dictatorship and no to judicial dictatorship.
U C this is my Left hand Job . . . LOL!!!
Aik zardari, sub pay bhari.
I am sure our dear president must also be very eager to find the killers of Murtaza Bhutto Dear CJ please look deep into it
He Is the real " DON " because he warns u before he do it and once he've done it he'll admit it like A KING.he knows we won't stop him coz us people can only talk in " char dewari" but no practical or max someone like me come online and comment ( very little effort ) PAKISTAN worth lot more then that . ALLAH Give Us strength (honestly this is my first dua in ramzaan Fudge the politics ramzaan Mubarak ;)
He Is the real " DON " because he warns u b4 he do it and once he've done it he'll admit it like KING.he knows we won't stop him coz us people can only talk in " char dewari" or someone like me come online and comment ( very little effort ) PAKISTAN worth lot more then that . ALLAH Give Us strength (honestly this is my first dua in ramzaan )