News
Wednesday, July 28, 2010
Judges’ appointment procedure not part of constitution’s basic structure: SC
ISLAMABAD: Heading the 17-member full court on Tuesday, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry observed that the procedure for the appointment of judges to the superior courts provided in the 18th Amendment was not part of the basic structure of the constitution.
The full court was hearing identical petitions challenging certain provisions of the 18th Amendment, with particular reference to the formation of a judicial commission for the appointment of judges to the superior courts. During the hearing, when the federation’s lawyer, Wasim Sajjad, requested the court not to consider the concept of the basic structure of the constitution, the chief justice observed that parliament was functional and so was the apex court and a new procedure for the appointment of judges was not part of the basic structure of the constitution.
Sajjad argued that the constitution could not be reviewed on the touchstone of Article 2A, the Objectives Resolution. Justice Khalilur Rehman Ramday noted that in article 2A, the constitution had been treated as a basic structure. Sajjad said determining the basic features of the constitution was a political question, adding that only parliament was empowered to determine features of the constitution.
Justice Ramday said the power to determine which part of the constitution was amendable or not remained with the apex court.
Sajjad again requested the court not to consider the concept of basic structure of the constitution, because doing so would bear no fruit.
The chief justice then observed that the judiciary took wisdom from parliament. Justice Ramday said no one was speaking against parliament or its powers, however, the new procedure for judges’ appointment would politicise the judiciary. Justice Asif Saeed Khosa said the petitioners were concerned that the involvement of the parliamentary committee in the appointment of judges would politicise the judiciary. The chief justice asked Sajjad not to try to give an impression that the apex court was against parliament. “We have high respect for parliament,” he said. masood rehman
Courtesy www.dailytimes.com.pk