Judicial protection

To enable democracy to function smoothly, it is important that each institution stay within its own sphere of work.

The chief justice of Pakistan (CJ) has said the judiciary is the “strongest backer” of democracy in the country. These words, spoken by Justice Iftikhar Muhammad Chaudhry at an international judicial conference in Islamabad, attended by 21 nations including Britain, India, Libya and Egypt among others, are in many ways reassuring. They suggest our democracy has finally found the support it needs, and certainly, given the rough times it has experienced for prolonged periods over the last decades, it is in need of a “helping hand” to enable it to stand strongly on its own feet once more. The CJ made mention of this when he said that the outgoing government had done well to complete its full five years in power as we move towards our first transition along constitutional lines.



Justice Chaudhry’s words are clearly well meant. But they should also lead us to think of a few other considerations. In the first place, what is most important of all to our system, and the democracy that stands at the centre of it, is that all institutions work harmoniously together. Yes, indeed, as the CJ has said, they should work to protect and bolster one another. But to enable democracy to function smoothly, it is also important that each institution stay within its own sphere of work and operate within it. These spheres are, of course, clearly demarcated by the Constitution, with the duties, powers and roles of each body clearly spelled out. Overstepping these boundaries could, of course, prove very dangerous and we have perhaps, at times, veered too close to this point. This is something to watch out for.

Much of this process involves a learning experience. Democracy is a relatively new exercise for us; there are bound to be some pitfalls, and all institutions will need to learn how to steer clear of them. This may take time — but it is important we master the art, so that in the future, institutions can all work even more smoothly, avoid treading on one another’s toes, and by doing so, lend still greater strength to our democracy.

Published in The Express Tribune, April 23^rd, 2013.