A common perception in Pakistan is that the judiciary is supreme, often understood through the term “independent judiciary.” However, in a parliamentary state, judicial independence means that the judiciary is protected from interference by the executive; it does not mean that the judiciary can direct or determine the policies of the executive.
In his book, author Tariq Awan explains in detail the architecture of accountability within a parliamentary system of government. He writes that, in a parliamentary system, the role of the judiciary is like that of a cricket umpire: it cannot make the rules, but it monitors compliance with them. The judiciary is the umpire, not the captain. Parliament is the captain and the supreme institution, with the constitutional authority to amend the Constitution and, through constitutional arrangements, establish or abolish institutions.
He further argues that in a parliamentary democracy, the legislature and judiciary are not separated by an excessive distance; rather, there is a strong constitutional framework designed to strengthen accountability.
In my view, this book is essential reading for every student of law.
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