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Thursday March 28, 2024

MPs plead ‘helplessness’ after amending Constitution: SC

ISLAMABAD: The Supreme Court Judge, Justice Asif Saeed Khosa, on Tuesday said parliamentarians make amendments to the Constitution and later hide behind the excuse that they were helpless.He gave these remarks when a 17-member full bench of the apex court, headed by Chief Justice of Pakistan (CJP) Nasirul Mulk, took

By our correspondents
May 06, 2015
ISLAMABAD: The Supreme Court Judge, Justice Asif Saeed Khosa, on Tuesday said parliamentarians make amendments to the Constitution and later hide behind the excuse that they were helpless.
He gave these remarks when a 17-member full bench of the apex court, headed by Chief Justice of Pakistan (CJP) Nasirul Mulk, took up the constitutional amendment case for hearing.Continuing, Justice Khosa said after casting vote in favour of an amendment, parliamentarians say they were forced to do so.
“When parliament was under thumb, then it was the Supreme Court that chartered a way out.”“Will it be correct if parliament says it can do all things? The process for devolution of power is enshrined in the Constitution. Things go different when parliament makes an amendment to the Constitution unanimously.
“The amendments made repugnant to the constitutional structure in India were declared void. Parliament says it is entitled to introduce amendments. Under what powers it holds this right?”Justice Jawwad S. Khawaja remarked: “Making comparison of Pakistani Constitution with India’s was incorrect. The doctrines given by intellectuals in the past wield no significance at present. What’re those basic features Parliament is authorised to amend?”
Arguing, Hamid Khan, counsel for Sanghar Bar Association, said the government can make no amendment to the Constitution by affecting its basic contours.“The amendments introduced in Article 175 of Constitution be declared null and void because on the one hand they run in conflict with the independence of judiciary, on the other they affect the basic structure of the Constitution.”
Justice Saqib Nisar asked Hamid Khan on what grounds the Indian Supreme Court had nullified the constitutional amendments.Hamid Khan said the Indian Supreme Court had done so on the basis of basic features and basic structure of the constitution.
“Wherever legislation has been enacted or an amendment has been made to the constitution in the world, they have maintained the basis structure of the Constitution.The 18th Amendment has affected the basic structure of the Constitution which is tantamount to curb the independence of judiciary.
It will be better if the parliamentary committee is abolished. What sort of constitution it is that on the one hand a Judicial Commission (JC) has been set up for appointment of judges, on the other a parliamentary committee has been constituted to abolish its powers?
This is meddling in the powers of judiciary. It is mentioned in clear terms in article 1 of Constitution that a legislation enacted this way can be challenged in the Supreme Court.” Justice Asif Saeed Khosa remarked: “The Indian Supreme Court declared null and void the amendments made contrary to the basic structure of the Indian constitution.”
Hamid Khan said there was a difference between the constitutions of Pakistan and India.The Indian constitution says something else while our constitution says something different, he added. The court adjourned the hearing till Wednesday (today) directing Hamid Khan to complete his arguments today.