CJ says courts can examine any administrative action or law
Says judges must stand up to pressure; calls upon bars to support judiciary.
SUKKUR:
The judiciary’s job is to ensure that all state institutions comply with the Constitution, and it can examine any administrative action or law in this effort, said the chief justice on Saturday.
Addressing a law conference held on the premises of the Sukkur High Court, Chief Justice Iftikhar Muhammad Chaudhry stressed that judges must have the capacity to withstand any sort of pressure in this effort.
He said that the Constitution, which guarantees fundamental rights to citizens, assigns the task of their enforcement to the judiciary. Courts perform functions to prevent arbitrariness in legislative measures or administrative actions and decisions, he added. He said the courts may examine the vires (power) of any law or administrative action on the criteria fixed by the Constitution.
He also called upon bar associations to support the judiciary in this effort.
In constitutional democracies such as Pakistan, he added, the courts play an important role to ensure that state institutions fully comply with the Constitution. The chief justice said the primary requirement of good governance is that all the pillars of the state –legislature, executive and judiciary – perform their role effectively and do not interfere in the domain of others.
Judges must have the capacity to withstand pressure and stand up to outside influences, the chief justice said, and added that they could only acquire that capacity if, besides possessing moral strength and intellectual depth, they also received counsel from the bar.
In order to perform this important task, he said, the judiciary is made independent of other organs, so as not to be under the influence of any other institution or authority. He added that, by enforcing the supremacy of the Constitution and the independence of the judiciary, the superior courts are striving to carve out a distinct place for themselves in realising the objectives of the Constitution. At the same time, the chief justice added, the judiciary would welcome any positive input from any quarter.
Bench and the bar
The bench and the bar are two pillars on which the edifice of justice rests, the chief justice said, adding that judges and lawyers are involved in the process of dispensation of justice and in building a credible and efficient judicial system, which enjoys public trust, confidence and respect.
The chief justice also referred to the apex court’s verdict in the 2009 Sindh High Court Bar Association vs Federation of Pakistan case, when contempt of court notices were served to judges who served under the Provisional Constitution Order. According to him, this judgement laid down the foundation of a new era of supremacy of the Constitution, rule of law and fair dispensation of justice.
Earlier the Sindh High Court Bar Association Sukkur President Abdul Rehman Farooq Pirzada highlighted the problems being faced by the people of Pakistan due to large scale corruption in his welcome address. Expressing concern over the deteriorating condition of national institutions like Pakistan Railways, Pakistan Steel Mills, and Pakistan International Airlines, Pirzada said the national economy was constantly on the decline because of mismanagement and corruption.
Published in The Express Tribune, August 26th, 2012.
The judiciary’s job is to ensure that all state institutions comply with the Constitution, and it can examine any administrative action or law in this effort, said the chief justice on Saturday.
Addressing a law conference held on the premises of the Sukkur High Court, Chief Justice Iftikhar Muhammad Chaudhry stressed that judges must have the capacity to withstand any sort of pressure in this effort.
He said that the Constitution, which guarantees fundamental rights to citizens, assigns the task of their enforcement to the judiciary. Courts perform functions to prevent arbitrariness in legislative measures or administrative actions and decisions, he added. He said the courts may examine the vires (power) of any law or administrative action on the criteria fixed by the Constitution.
He also called upon bar associations to support the judiciary in this effort.
In constitutional democracies such as Pakistan, he added, the courts play an important role to ensure that state institutions fully comply with the Constitution. The chief justice said the primary requirement of good governance is that all the pillars of the state –legislature, executive and judiciary – perform their role effectively and do not interfere in the domain of others.
Judges must have the capacity to withstand pressure and stand up to outside influences, the chief justice said, and added that they could only acquire that capacity if, besides possessing moral strength and intellectual depth, they also received counsel from the bar.
In order to perform this important task, he said, the judiciary is made independent of other organs, so as not to be under the influence of any other institution or authority. He added that, by enforcing the supremacy of the Constitution and the independence of the judiciary, the superior courts are striving to carve out a distinct place for themselves in realising the objectives of the Constitution. At the same time, the chief justice added, the judiciary would welcome any positive input from any quarter.
Bench and the bar
The bench and the bar are two pillars on which the edifice of justice rests, the chief justice said, adding that judges and lawyers are involved in the process of dispensation of justice and in building a credible and efficient judicial system, which enjoys public trust, confidence and respect.
The chief justice also referred to the apex court’s verdict in the 2009 Sindh High Court Bar Association vs Federation of Pakistan case, when contempt of court notices were served to judges who served under the Provisional Constitution Order. According to him, this judgement laid down the foundation of a new era of supremacy of the Constitution, rule of law and fair dispensation of justice.
Earlier the Sindh High Court Bar Association Sukkur President Abdul Rehman Farooq Pirzada highlighted the problems being faced by the people of Pakistan due to large scale corruption in his welcome address. Expressing concern over the deteriorating condition of national institutions like Pakistan Railways, Pakistan Steel Mills, and Pakistan International Airlines, Pirzada said the national economy was constantly on the decline because of mismanagement and corruption.
Published in The Express Tribune, August 26th, 2012.