Something About The Law

Pakistan Chief Justice Iftikhar Muhammad Chaudhry stated a few days ago that;

“ the Supreme Court of Pakistan (SC) is authorised to interfere if any state organ transgresses its parameters as spelled out in the Constitution.”

In fact, the honourable chief justice made it very clear that “it is constitutionally binding on all state organs to work within the parameters laid down in the Constitution”. But after that he also added: “The Court wants that political institutions, elected representatives and government officials should perform their duties in a befitting manner which was very critical for good governance, socio-economic development and political development”.

A statement such as this calls for increased judicial activism to an extent where the judiciary can even make law and implement when the other branches fail to do so. This is the trend that is followed in India and upheld by various Supreme Court judgments ( Vishaka v. State of Rajasthan, Vineet Narain v. Union of India). Without doubts, references on the trend in India have been made by the Chief Justice.

This editorial here reports that last week a High Court in Pakistan interfered to determine the appropriate price of sugar thus apparently leading to a conflict between the executive’s and judiciary’s realm of working and power. In India, the Supreme Court earlier had held that questions of policy would not be interfered with and were the specific realm of the judiciary. Even still, the Court has proceeded to look at the size of speed bumps and as to what equipment should be procured for the maintenance of law and order. Needless to say, I believe it is wrong to follow such an approach.

To follow the example of India under the shadow of preserving the rule of law may not be the right approach. There have been lot of criticisms of such judicial attitude in India ( See Shubankar Dam, ‘Judges as Law Makers…………. ‘). There must be limitations placed upon the judiciary and it cannot go on interfering in the actions of other branches of government.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.