Chief Justice Iftikhar Muhammad Chaudhry’s reminder that the doctrine of parliaments supremacy is outdated is a clear forewarning that government should avoid making laws that are in conflict with the Constitution because these can be struck down by the Supreme Court. Had the executive decided to accept the court verdict on April 26, the state, courts and the people of Pakistan would have been spared the agony and mental distress they were to bear until June 19. It is sad that the Supreme Court’s decisions in Pakistan are being criticised and commented upon by politically motivated media persons. The aim is to exert pressure on the judiciary through their unwarranted analysis of relevant portions and provisions of the Constitution of Pakistan. The game plan was to prepare a trap involving the son of the chief justice of Pakistan in shady business deals.
The Indian members of the judiciary who are criticising CJ Chaudhry should read the decision of their own Supreme Court. In the Kesavananda Bharati vs state of Kerala case, the Supreme Court ruled that all provisions of the constitution, including fundamental rights can be amended. However, parliament cannot alter the basic features of the constitution like secularism, democracy, federalism and separation of powers. Often called the “Basic Structure Doctrine,” this decision is widely regarded as an important part of Indian constitutional history. Since the judiciary in Pakistan represents the last hope for the people and for Pakistan, there is need for Pakistanis to support it and the chief justice of Pakistan. At the same time, corrupt leaders must be openly denounced for trying to distort the Constitution of Pakistan, openly defying court verdicts and attempting to politicise the judiciary. The nation should not allow any one trying to undermine the authority of the judiciary
Mukhtar Ahmed
Karachi