Constitution's basic structure must be protected: SC

Hearing of of 18th amendment and 21st amendment Constitution case is adjourned till Tuesday


Hasnaat Mailk April 27, 2015
PHOTO: AFP

ISLAMABAD: The Supreme Court observed on Monday the Constitution has a basic structure which must be protected in any case.

A 17-judge bench headed by Chief Justice Nasirul Mulk resumed the hearing of 18th amendment and 21st amendment Constitution case.

Supreme Court judge Justice Ejaz Afzal Khan observed that though basic structure is not being protected through any provision of the Constitution but historically, it is established that Constitution has the basic structure which must be protected in any case.

Referring to the several constitutional amendments, Justice Ejaz said this shows the amendments were done time to time for the restoration of the basic structure.

Further, the chief justice questioned how the parliamentary committee on judges’ appointment is violating the independence of the judiciary and if it does can a constitutional amendment be struck down?

Hamid Khan, counsel for several bar associations, contended the parliamentary committee has not only violated the independence of judiciary but also opposed the separation of power as well.

Justice Asif Saeed Khosa said before the passage of 18th amendment the parliamentary committee, which was constituted to propose constitutional amendments, had admitted that the Constitution has a basic structure and they are working for its restoration.

However, he said on one side the parliamentarians were working for the restoration of basic structure but on the other hand they are being accused to violate it.

The hearing of the case has been adjourned till Tuesday.

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