News
Sunday, June 24, 2012
Parliament can’t legislate against constitution: CJP
* Justice Iftikhar says SC can review laws against constitution
* Constitution provides solution to all problems
* All institutions must work together to ensure rule of law
Staff Report
ISLAMABAD: Parliament’s job was to legislate within the constitutional provisions and it could not legislate against fundamental rights of the citizens as well as the Islamic principles of the constitution, said Chief Justice of Pakistan (CJP) Iftikhar Chaudhry on Saturday.
He was addressing a 50-member delegation of the Youth Parliament (YP). YP Steering Committee Chairman SM Zafar, member Wazir Ahmed Jogezai, PILDAT Executive Director Ahmed Bilal Mehboob and officials of the YP Secretariat were also present. The YP is holding a five-day session in Islamabad.
The CJP said parliament was required to give laws in accordance with the constitution for the betterment of the public at large so that laws could be made applicable.
“If such law is promulgated, the Supreme Court under its power of judicial review can review it. The underlying object of judicial review is to check the abuse of power by the public functionaries and ensuring just and fair treatment to the citizens in accordance with the law and constitutional norms.”
All citizens are equal before the constitution and the superior courts had provided justice based on this very principle, he said. Under the constitutional scheme, all institutions of the state should work together to ensure rule of law, he added.
“The 1973 constitution is a comprehensive document and there is no problem that cannot be catered by the constitution,” Justice Iftikhar Chaudhry said.
“Where any question of public importance arises with reference to the enforcement of any of the fundamental rights ensured by the constitution of Pakistan, then the Supreme Court has the power to make any appropriate order for the enforcement of these rights,” the CJP remarked.
He said the apex court in its successive judgements had stressed the need for adherence to the law and the constitution and compliance with rule of law and due process requirement to establish a system of civilised governance in the country.
Addressing the youth, Justice Chaudhry also said, “You are the face and future of Pakistan. I am deeply encouraged that you are politically trained in values and application of democratic principles under the aegis of an institution such as PILDAT.”
The address was followed by a question and answer session in which the YP members asked questions about inherent jurisdiction of the courts, pending cases and the audit system in the SC. YP Deputy Speaker Sarah Abdul Wadood Khan conducted the session.
The YP members praised the role played by the superior judiciary in matters relating to production of missing persons, especially in Balochistan.
YP Prime Minister Hashim Azeem and YP Opposition Leader Fahad Mazhar presented the YP souvenir to the CJP.
Justice Iftikhar Chaudhry presented a copy of the SC annual report to Ahmed Bilal Mehboob.
PILDAT formed the YP in 2007. It is patterned after the National Assembly and has 60 members.Courtesy www.dailytimes.com.pk