Parliament cannot legislate against constitution, Islam: CJ
ISLAMABAD: Pakistan’s top judge has said that the Parliament cannot legislate any law repugnant to Constitution, injunctions of Islam and contrary to fundamental laws.
“If such law is promulgated, Supreme Court under its power of Judicial Review can review it. The underlying object of judicial review is to check abuse of power by public functionaries and ensuring just and fair treatment to citizens in accordance with law and constitutional norms.”
Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry was speaking to a 50-member delegation of Youth Parliament on Saturday at the Supreme Court Building in Islamabad.
The CJ said: “The system in our country is parliamentary system. From 1973 onward there have been National Assemblies and Senate but on account of Constitutional turmoil time and again there had been intervention in Parliamentary System, therefore, the expectations of people attached with Parliament could not be fulfilled. Parliament is required to give laws in accordance with Constitution for betterment of public at large so that laws can be made applicable.”
“I can say with utmost respect that they cannot legislate any law repugnant to the Constitution and injunctions of Islam and contrary to fundamental laws,” he added.
The CJ stressed that the Constitution is a complete document which answers all questions, adding that every organ of the State enjoys complete institutional independence within its constitutional domain, however, any excess or misuse of power beyond that domain becomes the subject matter of judicial scrutiny.
Speaking about fundamental rights, he said, where any question of public importance arises with reference to enforcement of any of Fundamental Rights ensured by the Constitution of Pakistan; then the Supreme Court has power to make any appropriate order for enforcement of these rights.
The law applies to all, irrespective of their status, power, caste, creed and religion. No one can claim supremacy over and above the law, the CJ added.