Supreme Court order
Because a detailed judgment has not been given, it is difficult to comment on the legal rationale of the changes. It appears the SC has discerned some kind ‘fundamental principles’ (perhaps even basic features) of the constitution that are inviolable, though rather than striking down an amendment on the touchstone of those principles it has found a middle ground of tossing the matter back in parliament’s lap. (dawn.com)
The middle road
The carefully thought-out verdict by the court avoids the showdown with the executive that many had apprehended would come if the clause were struck down. The moderate approach taken is significant. For one, it demonstrates that the court is indeed eager to preserve the system and is not "playing into the hands of any force" eager to disrupt democracy. Government ministers and others who had insinuated this in remarks made on various occasions should now be duly ashamed of themselves. (thenews.com.pk)
The SC’s sagacity
So the ball is back in Parliament’s court but this time with some important specific recommendations from the SC. These try and again limit the role of parliamentarians in judicial appointments by stating that the CJ would make recommendations of those judges who are to be elevated to the Supreme Court and if the Parliamentary committee rejects any of these nominations forwarded by the Judicial Commission, it will have to give substantive reasons and a record would be maintained of these proceedings which are to be held in camera. (nation.com.pk)
Fair and balanced verdict
No doubt then the court's order, which is interim in nature at least till January next year, has restated the principle of separation of powers from which stems the concept of an independent judiciary. Given that the present verdict is not final and petitions have yet to be finally disposed of, the Supreme Court's interim order tends to define the parameters of national debate on the 18th Amendment. (brecorder.com)
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