Need of the hour: Three main organs of state must work together, says CJP

Chief Justice Iftikhar Muhammad Chaudhry says judiciary is custodian of Constitution, has power of judicial review.

LAHORE: Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Saturday said that every institution in Pakistan has to recognise and respect constitutional norms to secure democratic governance and rule of law.

Addressing lawyers, who signed the rolls as Advocates of the Supreme Court at Supreme Court Registery on Saturday, he said rule of law, no doubt, is a decisive factor for transforming a society to a civilized one. The CJP said that Pakistani society is passing through hard times due to prevalent law and order situation and rampant culture of terrorism, extremism, sectarianism and extra-judicial killings.

"It is need of the hour that all the three main organs of the state that is the judiciary, executive and the legislature should work in collaboration and cooperation with one another to secure basic human rights to the people of Pakistan."

The executive and the legislature, Chaudhry said, need to play their role in formulating and implementing laws for curbing extremism, sectarianism, terrorism, enforced disappearances and extra-judicial killings. He defended the judiciary saying it has always tried to deliver its best while adjudicating in accordance with existing laws and given procedure. The CJP then asserted that the Supreme Court of Pakistan is the custodian of the Constitution and as such has the power of judicial review under Articles 184(3) and in the constitutional history of Pakistan.

"To do so, the judiciary has to be vigilant and play an active role, and the independence of judiciary is a sine qua non for the promotion of rule of law, which is a basic substance of democracy and necessitates the supremacy of constitution, equality before law and equal protection of law."

Chaudhry reiterated that it is the statutory and constitutional responsibility of judiciary to safeguard the constitutional principles which provide for an effective enforcement of fundamental rights and clean and efficient system of governance. “Judiciary has a definite role to play for effective administration of justice to decide disputes and give relief against, unjust or arbitrary action.”