Supremacy of Parliament a misconception, says CJ

[Hyperion]

Every decade or so, God Almighty tests our people with some new system of governance. The latest cruel joke:

Maybe he's joking, and maybe not - I think we have another emperor in the making!

Source: Supremacy of Parliament a misconception, says CJ | DAWN.COM

KARACHI: Chief Justice of Pakistan (CJP) Justice Iftikhar Muhammad Chaudhry has said that Article 8 of the constitution empowers the Supreme Court to strike down any legislation which encroaches upon the basic rights of the citizens.

The chief justice said this while speaking at a ceremony for newly enrolled advocates on Saturday at the Supreme Court’s Karachi Registry.

Referring to a misconception in the minds of people regarding supremacy of the parliament, he said that it is the constitution which expresses and embodies the will of the people.

He further said that the apex court was fully empowered to strike down any law which is in conflict with the constitution.

Moreover, he said that, even in the United Kingdom itself, the doctrine of supremacy of Parliament is now seen to be out of place. The chief justice further emphasized that it is time, after 65 years of Pakistan’s independence, that we free ourselves from the shackles of intellectual slavery to colonial paradigms and start adhering to our own constitution.

He said that we should only examine our own constitution to ensure that will of the people prevails which is the very essence of a democratic system.

The chief justice also emphasized the need for an independent judiciary in the country and said that only a free and independent judiciary could ensure that will of the people is enforced in its true spirit. Reference in this regard was made to Article 190 of the constitution which bounds all executive and judicial authorities to act in the aid of the Supreme Court.

We want supremacy of law and the Constitution in the country, said the chief justice, stressing that the constitution is to be followed, preserved and protected at all costs.

 

[Hyperion]

No takers? Everyone so blinded by politics that everyone is ignoring a silent Coup-d'état?

 

[Sinnerman108]

Well
what this means is that the CJ is willing to go to the bitter end of things.
Zardari asked for this, maybe in real or maybe it was a bluff,
in whatever case things will get to a messy showdown

PPP has nothing to loose, they came to make money and destroy the country they have done that successfully.

 

[Hyperion]

Well
what this means is that the CJ is willing to go to the bitter end of things.
Zardari asked for this, maybe in real or maybe it was a bluff,
in whatever case things will get to a messy showdown

PPP has nothing to loose, they came to make money and destroy the country they have done that successfully.

Nothing to do with PPP. Please don't enlighten us any further.

 

[Al Bhatti]

The articles in question

PART II

Fundamental Rights and Principles of Policy

Chapter 1. FUNDAMENTAL RIGHTS

8. Laws inconsistent with or in derogation of fundamental rights to be void.
(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.
(3) The provisions of this Article shall not apply to :- (a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or
[7]
(b) any of the (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule;
(ii) other laws specified in Part I of the First Schedule;

and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.
(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in [8][Part II of the First Schedule] into conformity with the rights conferred by this Chapter:
Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.
Explanation :- If in respect of any law [9][Majlis-e-Shoora (Parliament)] is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.
(5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.


----


PART VII
The Judicature
Chapter 2. THE SUPREME COURT OF PAKISTAN

190. Action in aid of Supreme Court.
All executive and judicial authorities through out Pakistan shall act in aid of the Supreme Court.

 

[batmannow]

The articles in question

PART II

Fundamental Rights and Principles of Policy

Chapter 1. FUNDAMENTAL RIGHTS

8. Laws inconsistent with or in derogation of fundamental rights to be void.
(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.
(3) The provisions of this Article shall not apply to :- (a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or
[7]
(b) any of the (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule;
(ii) other laws specified in Part I of the First Schedule;

and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.
(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in [8][Part II of the First Schedule] into conformity with the rights conferred by this Chapter:
Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.
Explanation :- If in respect of any law [9][Majlis-e-Shoora (Parliament)] is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.
(5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.


----


PART VII
The Judicature
Chapter 2. THE SUPREME COURT OF PAKISTAN

190. Action in aid of Supreme Court.
All executive and judicial authorities through out Pakistan shall act in aid of the Supreme Court.

common poor pakistanis arent concerned about this justice system, judiciary constitution, parliment , democrazy!
all they want is better law & order , better economic conditions & less crouption, loadsheding enrgy crisiss, health services, reduction of feul prices.
this Cj & these political parties they all are throwing pakistan in a disaster, just because they all want to win from each others, only way to stop it, is a grand militry marshall revolution!

 

[zip]

In a democratic system if parliament is not supreme than what else ? He acted as if he is bigger than first man of the country ..people tolerated it ...now he is advocating his voice is superior than voice of whole country ..these kind of developments will have dangerous consequences in future , devil can occupy that almighty seat which he is advocating .. He is out of his mind

 

[Fracker]

why so surprise!! no one heard that saying "Jiss ki lathi uss ki bhens".. & as per Law Supreme Court is right.. but what exactly he means? He will ask Zardari (the co-chairman of PPP) to kick his own party out of parliament? I don't think CJ can do anything here, he is just playing. He couldn't implement his own wording about on number of occasions.

Last but not the least, all rulers/CJ/COAS/common people should remember that supremacy should only be with Allah.. and his Gold rules for Life i.e. Quran. Otherwise the country would be lawless like we have situation in Pakistan.

In a democratic system if parliament is not supreme than what else ? He acted as if he is bigger than first man of the country ..people tolerated it ...now he is advocating his voice is superior than voice of whole country ..these kind of developments will have dangerous consequences in future .. He is out of his mind

He MEANS, if due to some law obligation (say parliament is choosing dumb people like raja parveez ashraf and gillani, and they are not following Supreme court order based on LAW, then Supreme Court can ask President or Army to force Parliament to implement the ruling). And in your country, If Parliament wont follow Supreme Court Orders based on Laws defined by parliament then it's OK?

 

[zip]

@fracker
supreme court has power to discipline the govt if it goes against the constitution .but here he is taking on whole parliament which has the power to amend constitution itself .. If parliament does not have the power than it goes against 'the freedom' of the people which is given by constitution itself ..people will become slaves of a system(chose by gen of 1947) for eternity ..

 

[Fracker]

@fracker
supreme court has power to discipline the govt if it goes against the constitution .but here he is taking on whole parliament which has the power to amend constitution itself .. If parliament does not have the power than it goes against 'the freedom' of the people which is given by constitution itself ..people will become slaves of a system(chose by gen of 1947) for eternity ..

Till that is not amend, what about the orders of the SC based on same constitution? And what about the gray areas e.g. there is constitution statement for welfare of the people, and SC order to reduce sugar prices, or Petrol Prices (like that happened in last year and parliament didn't implemented that), then how SC will force parliament to do such act? I call it gray areas as welfare of the people could be different definition for the parliament and SC

 

[zip]

Oh God !! Supreme court order on decreasing price !! Thats a new to me..supreme court can only give suggestion(that too is a rare case) to the govt on "policy matters "..passing order is clearly judicial overreach ..govt cant function in that way

 

[zip]

Chief justice is just a watch dog for rule of the land ..
Rule of the land is established by the people through parliament ..

 

[batmannow]

Chief justice is just a watch dog for rule of the land ..
Rule of the land is established by the people through parliament ..

you are right, but our so called democrates, these days, think that whatever this Cj says or does, is a word of god!
thats another bigger problem, in my country!
the ultimate solution is , grand marshall militry revolution with, rotation of command, for the comming , 15 years!
education, health, fight against terrorism , energy production, elemination of crouption, should be set as the targets with annual dead lines, thats the only way forward!

 

[zip]

@batmanow
they may do good for short term as they are much disciplined compared to politicians but giving all power to a single man who is technically not answerable to the people is just gambling

 

[batmannow]

@batmanow
they may do good for short term as they are much disciplined compared to politicians but giving all power to a single man who is technically not answerable to the people is just gambling

it can be done, like china!
you missed rotation of command, dear!
not a single man in command, to run the country, districts=povinces, all provinces have thier own local goverments without any political affilataions, from them can get direct fedrl govt, but commanders of armed forces must rotate the, post of CHIEF MARSHALL IMPOSSOR OF THE REVOLUTION.
the rovolutionry command only protect, defence , law & order, economy, treasurry all the other matters should be given in hand to fdrl govt WITH SPECEFIC ANNUAL TARGETS FOR JUST 3 YEARS.
WRONG perception created by vested croupt politicians, of pakistan that democrazy is the finnal destination! after that nothing to be done?
anyway this gamble , often proven good in pakistan.