Democracy basic feature of Pakistan’s Constitution, govt tells SC

Govt argues that like Pakistan, no judiciary of any other country has the power to appoint judges

ISLAMABAD: The federal government said on Tuesday that democracy is the basic feature of the country’s Constitution, adding that the Parliament is the embodiment of democracy.

“Without the Parliament, there is no democracy; however, the Constitution cannot be abrogated by the Parliament,” government's counsel Senior Advocate Khalid Anwar told a 17-judge bench of the supreme court hearing the 18th and 21st constitutional amendments case.

Anwar said that legislature and executive are also the basic features of the Constitution which cannot be tampered with.

Regarding the appointment of judges, the government's counsel said that the power to appoint judges was originally in the hands of the executive, but subsequently, the consultation of chief justices has remained binding in view of the Aljihad case judgment.

He contended that the power of the chief justice regarding the appointment of judges has been restricted in 18th amendment case. To this, Justice Asif Saeed Khosa retorted that not only were the powers of the chief justice restricted but also the prime minister's and chief ministers'.

"They have given sacrifices and they have no role in incumbent procedure of judges’ appointment," Khosa said.

Anwar argued that like Pakistan, no judiciary of any other country has the power to appoint judges.

"In other countries, judges are appointed with the consultation of the executive and legislature," he said.  Referring to the judicial system in the United States, the government's counsel said that the process regarding the appointment of judges has become politicized.