May 07 , 2015
News
Elected representatives real custodians of constitution: SC
OnlineISLAMABAD: The Supreme Court on Wednesday termed elected representatives the real custodians of the constitution, saying it would be wrong to say that only “we are the custodians of constitution”.
The court made these remarks during the hearing of petitions filed against the 18th and 21st constitutional amendments by a 17-member full bench, presided over by Chief Justice of Pakistan Justice Nasirul Mulk. In his remarks on the occasion, Justice Asif Saeed Khosa said, “Real custodians of the constitution are those to whom people elect and send to parliament, and it will be wrong to say that only we are the custodians of constitution.” He further said that if elected representatives make amendments as per the aspirations of the people then they can be elected again.
Meanwhile, Chief Justice Nasirul Mulk said, “If the basic structure of the constitution is in place then how can an amendment be made therein.” Whereas, Justice Ejaz Afzal said public opinion must be solicited before introducing any amendment in the constitution. “The parliament has got the mandate to make amendment in the constitution through an amendment. But can any amendment be made in the basic structure of the constitution without any mandate?” he asked.
Justice Mian Saqib Nisar observed, “I have been enjoying the debate going on in TV channels on the constitution since the last two days. People who know nothing about the constitution are participating in the debate.” Justice Sarmad Jalal Usmani remarked, “Court is the custodian of the constitution. How can we reject any decision which is given by a majority.” Hamid Khan, counsel for Sanghar Bar Association, argued while discussing the role of parliamentary committee for appointment of judges that no amendment can be made in the basic structure of the constitution. He said the Indian constitution also banks on this structure. “There should be no role for parliamentary committee in the appointment of judges. If such roles are given continuously then they will seek roles on your decisions too in the future. What will the judiciary do then?” Justice Mian Saqib Nisar said, “No one has ever challenged the role of parliament in bringing amendments. Today this has been challenged.” Hamid Khan said, “The court will have to see are the amendments made so far not repugnant to basic structure of constitution. Because if there is no foundation then building cannot remain erected. Basic structure and independence of judiciary are such two roles if excluded, then no job will remain in its real form.
To this, the CJP remarked, “We will first of all complete arguments on 18th Amendment and later a debate will be started on the 21st Amendment. You should try to complete arguments before break on next day.” Responding, Hamid Khan said the matters of basic structure of constitution and role of parliamentary committee in appointment of judges are such broad subjects which can be debated upon at length. Justice Ejaz Afzal remarked, “Give us reply can amendment in basic structure of the constitution be made without any mandate.
Can the present assembly do this. Will any new assembly not needed for this purpose. It is necessary that distinction is made between the parliament and constituent assembly. The present parliament has powers for legislating and not for constitution making.” The hearing of the case has been adjourned till today.
Courtesy www.dailytimes.com.pk