While addressing the members of National Youth Assembly (NYA) Pakistan here on Tuesday, Chief Justice Iftikhar Muhammad Chaudhry said that a society cannot flourish until there prevails constitutionalism and rule of law According to press release, welcoming the NYA member in the Supreme Court the Chief Justice said, "You, being an important segment of society, are the bright face of the nation - the future progress of the nation depends upon you".
Appreciating the establishment of NYA Pakistan the CJP declared it as a model parliament for talented youngsters from diverse backgrounds which provide them an opportunity to collaborate with one another to visualise and plan as to what they would do if they were the members of the parliament.
The Chief Justice said in his speech that a society cannot flourish until there prevail constitutionalism and rule of law. The establishment, sustenance and development of democratic culture in a society largely depend upon the rule of law. The rule of law ensures that all the governmental institutions function in accordance with the established principles and within their legal domain.
He added that if any of the institutions transgresses its powers or tries to enter into legal domain of other institution, it undermines the rule of law, adding that the governmental institutions should not be used for the individual benefits and personal gains.
"The state policies should be prepared in a highly transparent manner with the sole objective to establish good governance in the country- Good governance entails the protection of basic fundamental rights enshrined in the constitution, including security of life, provision of basic amenities, improved living standards, access to justice and equal protection of law," the CJP said.
"I believe that all of you must be aware that the Constitution of Pakistan, 1973 envisages parliamentary form of government. The constitution has ensured the trichotomy of powers among various state organs. It provides complete institutional independence to all the organs of the state within their constitutional domain.
The Parliament is empowered to make laws in accordance with Constitution to ensure the betterment of the general public. However, the power of parliament is not absolute and must be within the parameters provided in the Constitution. It cannot enact any law which is repugnant to any of the provisions of the Constitution. Any excess or misuse of power by any state authority beyond its constitutional domain becomes the subject matter of judicial scrutiny.
The power of judicial review is vested in the judiciary to oversee the acts and actions of the other state organs. The Court under its power of Judicial Review can declare any law, enacted by the legislature, to be null and void, if it is ultra vires of the constitution or violates any of the fundamental rights guaranteed under the Constitution.
The Supreme Court being the highest Court of the country is the final arbiter of the law and the Constitution. The Constitution provides that independence of judiciary has to be fully secured. For this purpose, the method of appointment of judges of the Supreme Court as well as the High Courts has been provided in the Constitution.
Under the scheme of the Constitution, the Supreme Court of Pakistan enjoys original, appellate and advisory jurisdiction. In terms of Article 184(3), the Supreme Court has the power to make any appropriate order in a case where question of public importance with reference to the enforcement of any of the Fundamental Rights is involved.
The Supreme Court has issued necessary directions to the executive and legislature in many cases. In Sindh High Court Bar Association's case, the Court after declaring the PCO, 2007 to be illegal and unconstitutional, referred to the Parliament the Ordinances, purportedly provided with permanence under the PCO with the observation to reenact the same if deemed appropriate.
Pakistan, being one of the signatories to the United Nations Declaration of Human Rights, has a commitment to uphold, protect and enforce the fundamental rights of the citizens. It is also the responsibility of an Islamic state to guarantee the protection and enforcement of the fundamental rights.
The Constitution of Pakistan guarantees fundamental rights to all citizens including the right to life, liberty, human dignity, protection of property, freedom of thoughts, belief, expression, information and association, etc. Therefore, enforcement of these rights is the responsibility of judiciary. In the recent past, in pursuance of the suo motu actions taken by this Court, state revenues worth billion of rupees have been recovered. On the HR side, protection has also been provided to poor/down trodden people.
This is the reason why I have always emphasised the enforcement of these rights. For this purpose a Human Rights Cell has been established to process the applications of the general public for redressal of their grievances against the public functionaries. Many of the cases were initiated on the letters and even on the press-clippings and were heard and decided in Court.
As I have said earlier, the future of our country rests upon you. You may belong to various fields of life, but I would like to advise you to study the constitutional history of our country as well as some of the important judgements delivered by the superior Courts. It will enable you to understand the basic features of our Constitution and the role of superior courts in interpreting the Constitution so as to protect the fundamental rights and democratic process in the Country."-PR
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