Islamic provisions. In the main decision, it is written, “The salient features as are ascertainable from the constitution including democracy, parliamentary form of government and independence of judiciary.” However, the past judgments as discussed in the latest verdict talked about “parliamentary form of government blended with Islamic injunctions”.
The decision has created doubts in many minds about the Islamic provisions as being one of the salient features.
Former Supreme Court judge Justice (R) Wajiuddin Ahmad and ex-member election commission Justice (R) Tariq Mehmood had termed it an “omission” and hoped that in the review stage the correction would be made.
What is interesting to note is the fact mentioned in the relevant paras of the latest ruling in which the past judgments talk about “parliamentary form of government blended with Islamic provision” as being one of the “salient features” but in the latest judgment’s conclusive part there is only the mentioning of “parliamentary form of government”.
Paragraphs 60 and 61 of the main judgment say: “60. An overview of the judgments reproduced or cited herein above, more particularly, Mahmood Khan Achakzai’s case (supra),Wukala Mahaz case (supra), Zafar Ali Shah’s case (supra) and Pakistan Lawyers Forum’s case (supra),reveal that this Court has referred to the prominent characteristics, which define the constitution and are its salient features. Some of such characteristics mentioned in the aforesaid judgments, including democracy, federalism, Parliamentary form of government blended with the Islamic provisions, independence of judiciary, fundamental rights, equality, justice and fair play.
“61. It may not be necessary to conclusively determine the salient features of the constitution, however, democracy, parliamentary form of government and independence of judiciary are certainly included in the prominent characteristics, forming the Salient Features, which are primarily relevant for the adjudication of the list at hand.”
From this particular judgment, the identified salient features - democracy, parliamentary form of government and independence of judiciary - got the judiciary safeguard from being altered, deleted or abrogated by Parliament. However, no such clear ruling is available in the case of Islamic provisions of the Constitution, which provides the foundation for the Islamic state.