Editorial
Honourable Qazi Faez Isa is a Pakistani jurist who has been a Justice of the Supreme Court of Pakistan since 2014 and became the Chief Justice of Pakistan on 16 September 2023. As the head of the superior judiciary, he will have a significant role in improving the performance of the judiciary in the domains of justice, upholding law and Constitution, and ensuring separation of powers among branches of government.
In the domain of justice, he can ensure that the judiciary provides fair, impartial, and timely adjudication of cases, especially those involving human rights, fundamental freedoms, and public interest. He can also promote judicial independence, accountability, and transparency by implementing the National Judicial Policy, which aims to enhance public confidence in the judiciary and address the issues of backlog, delay, corruption, and misconduct. He can also encourage judicial activism and innovation by taking suo motu notices of matters of public importance and issuing landmark judgments that advance the cause of justice and social welfare. However, suo motu actions have been controversial in Pakistan; rather, at times, these have been counter-productive.
In the domain of upholding the law and Constitution, he can ensure that the judiciary interprets and applies the law and Constitution in accordance with the principles of democracy, the rule of law, Islamic values, and international standards. He can also protect the supremacy and integrity of the Constitution by reviewing the validity of laws, executive orders, and legislative amendments that may be inconsistent or incompatible with the Constitution. He can also safeguard the fundamental rights and freedoms of citizens by entertaining petitions under Article 184(3) of the Constitution, which empowers the Supreme Court to take notice of any question of public importance relating to the enforcement of fundamental rights. However, he will have to make sure to refrain from taking powers of High Courts under Article 199 of the Constitution.
In the domain of ensuring separation of powers among branches of government, he can ensure that the judiciary maintains its independence and autonomy from the executive and legislative branches while also exercising its checks and balances function. He can also uphold the principle of separation of powers by respecting the roles and responsibilities of other branches, avoiding judicial overreach or interference in matters that fall within their domain. He can also foster a culture of dialogue and cooperation among branches by engaging in constructive consultation and coordination on matters of mutual interest and concern.
Concludingly, the legislature and political executive in Pakistan are dissolved, and there is a severe challenge to the implementation of the Constitution. Therefore, the whole nation is looking forward to the Honorable Chief Justice Faiz Isa to lead the judiciary for the implementation of the Constitution, fundamental rights, human dignity and liberties.
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