Our Constitution, quite clearly, lays down the sphere of each institution and its functions. What is required is a strict adherence to these provisions. Almost all our problems with disrupted government in the past have occurred when there have been violations of constitutional clauses and then attempts to justify them, most often on the grounds of ‘necessity’ — and it has to be said that in the past the superior courts acquiesced in this. The precedent set has been a dangerous one and has created many of the problems we now live with. This must end. New traditions need to be set and the primary one must be to safeguard our law and all that it lays out.
The lack of certainty over this is a key reason for the kind of conjecture and speculation we face now. It is also being blown out of all proportion by certain quarters. The CJ is perfectly correct in stressing the right of the judiciary to step in if any institution goes beyond the boundaries proscribed for it. But it is also crucial that all institutions work together to create an environment in which it is possible for each of these bodies to function properly and to perform the role assigned to them. For this to happen we also need stability and the sense of order which is essential to the smooth working of any system anywhere in the world. The CJ has said the judiciary is eager to protect democracy. It is vital that all institutions work towards this using the Constitution as their touchstone, especially during the current period when the threats to the democratic dispensation are many.
Published in The Express Tribune, September 16th, 2010.
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