Laws inconsistent with or in derogation of fundamental rights: CJP spells out SC powers under Article 8

Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has said that Article 8 of the Constitution empowers the Supreme Court to strike down any legislation which encroaches upon the basic rights of citizens. This he stated while speaking at Roll-Signing Ceremony (RSC) of 16 newly-enrolled advocates for the Supreme Court on Saturday at SC's Karachi Registry.
The Chief Justice congratulated the lawyers on their enrolment as advocates of the apex court. He advised them to come well-prepared for their cases as they are to protect the rights of their clients and at the same time, as officers of the court, they are to render assistance to the court as well and decisions based on their arguments are to become precedents for the future.
The CJP referred to a misconception in the minds of people regarding supremacy of the Parliament. It is the Constitution, which expresses and embodies the will of the people, he said and added that Article 8 empowered the Superior Court to strike down any legislation which encroaches upon the basic rights of citizens.
He further stated that the apex court was fully empowered to strike down any law which was in conflict with the Constitution. He stated that even in the United Kingdom itself the doctrine of supremacy of Parliament was now seen to be out of place and emphasised that it was time, after 65 years of independence, that "we free ourselves from the shackles of obsequious intellectual servility to colonial paradigms and start adhering to our Constitution". He said,"we should only examine our own Constitution to ensure that the will of the people prevails which is the very essence of a democratic system".
The Chief Justice also emphasised the need for independent judiciary in the country and said that only a free and independent judiciary can ensure that will of the people is enforced in its true spirit. Reference in this regard was made to Article 190 of the constitution which bounds all executive and judicial authorities throughout Pakistan to act in the aid of the Supreme Court. He said that we want supremacy of law and Constitution in the country. He emphasised that the constitution is to be followed, preserved and protected at all costs.
The CJP further stated that law is equal for every citizen of the country irrespective of status and position. He called upon the newly inducted advocates to provide assistance to the Court as it is their able assistance, which enables the judges to deliver good judgements. He also emphasised the need for strict adherence to the constitution and the rule of law. The ceremony was attended among others by the judges and senior lawyers.