affect.”
Hashmat Habib said that the name of Khyber Pakhtunkhwa was given to a province despite the fact that the name of province could be changed only through a referendum. The British rulers had named the province NWFP and parliament was not authorised to change it.
Justice Sarmad Jalal Usmani wondered if it had affected the basic contours of the Constitution.Hashmat Habib asked if they would allow them to change the name of Pakistan, if they wanted to in future. Justice Sarmad Jalal Usmani said that he was saying an improper thing.
Justice Jawwad S Khawaja remarked, “The representatives of the minorities have not come through their own people but they have been nominated directly. These representatives don’t enjoy popular support.”
Justice Jawwad S Khawaja observed “A person who is the most popular leader of the minorities community and enjoys support of his people is not appointed a minorities member. Does the one who owes to the party also owes to the people?”Justice Asif Saeed Khosa said what the Constitution said would have to be complied with. “How an overseas Pakistan holding dual nationality could contest the election.”
Iftikhar Gillani said that seven judges had given a decision that anything which was in conflict with the fundamental rights could be nullified. The powers for making constitutional amendments were not unconstitutional. It had been made clear with reference to emergency in Pakistan and India that no ultra constitutional step could be taken.
Justice Ejaz Afzal said that as far as fundamental rights were concerned, the Constitution only gave guarantee for them. He asked how these rights could be withdrawn through a constitutional amendment. “Constitution had not given rights but it had provided only protection.”
Justice Jawwad S Khawaja said that the supremacy of parliament was the opinion of the Britons. Parliament was the House of Lords and the minorities had no right to elect their representatives.The hearing of the case was adjourned till Monday.