Mudassir Rizwan

The judiciary in Pakistan plays a crucial role in ensuring that the Constitution is followed and that the rule of law is maintained. This means that the courts make sure that everyone, including the government, abides by the laws. Judges act as a check on the powers of the executive branch, ensuring that no one is above the law.

Key Points:

Guardians of the Constitution: Judges interpret and apply the Constitution, ensuring that laws passed by the Parliament do not violate constitutional principles.

Judicial Review: Courts have the power to review and potentially nullify actions by the executive branch if they exceed legal limits.

Human Rights Protection: The judiciary safeguards fundamental rights such as free speech, fair trials, and protection from arbitrary actions.

Independence: Maintaining judicial independence is vital. Judges must be free from political pressures to make impartial decisions.

Transparency and Trust: By explaining their decisions and making their processes open, judges build public trust in the legal system.

Challenges:

Political Influence: Ensuring that judicial appointments and decisions are free from political interference is a continuous struggle.

Balancing Act: Judges must balance the intent of the Parliament with constitutional rights, which can be complex and contentious.

In summary, the judiciary in Pakistan is essential for upholding the Constitution and ensuring that the rule of law prevails, but it faces significant challenges in maintaining its independence and impartiality.

The Parliament, as the architect of the Constitution, is considered the mother of all state institutions created under the Constitution. It represents the will of the people and plays a crucial role in promulgating the Constitution. According to the constitutional arrangement, the judiciary serves as the ultimate custodian of the Constitution. It safeguards the fundamental rights of the people as outlined in the Constitution and ensures that all state organs operate in strict conformity with the Constitution and the laws enacted by the Parliament.

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The judiciary’s status as the custodian of the Constitution imposes an obligation on its members to adjudicate within the framework of the Constitution and the law, refraining from actions that violate the spirit of the Constitution or relevant laws. Deliberate disregard of constitutional mandates constitutes a subversion of the Constitution and amounts to “High Treason” under Article 6 of the Constitution.

However, the judiciary in Pakistan has, unfortunately, been a source of turmoil, delivering verdicts that not only breach the Constitution but also contribute to political instability, undermining the democratic process. The doctrine of necessity has been used to validate military coups and allow military dictators to make unconstitutional changes, in clear violation of constitutional articles governing amendments to the Constitution.

Furthermore, judicial activism following the movement for the restoration of the judiciary has led to decisions that contravene the Constitution, significantly impacting the political landscape. For instance, the removal of Nawaz Sharif in the Panama case raised concerns about the judiciary’s role in implementing politically motivated decisions. Similarly, verdicts such as the allocation of special seats to parties in the Parliament have been perceived as unjust and partisan.

These actions have resulted in a standoff between the judiciary, executive, and Parliament, prompting calls for measures to prevent such crises in the future. Some have advocated for the establishment of a constitutional court to address constitutional issues effectively.

In light of these developments, there are suggestions for holding the judges accountable for breaching the Constitution and exhibiting politically partisan conduct. Additionally, there is a need for the judiciary to acknowledge the supremacy of the Parliament and uphold the sanctity of the Constitution with unwavering adherence.

The current situation demands a thorough examination of the judiciary’s role in upholding the Constitution and the rule of law in Pakistan, emphasizing the importance of maintaining the balance of power between state institutions.