Dual nationality issue
THE Indian members of judiciary who are criticising Pakistan’s chief justice should read the decision of his own Supreme Court. I quote “In the Kesavananda Bharati vs state of Kerala case, the Supreme Court ruled that all provisions of the constitution, including fundamental rights can be amended. However, the parliament cannot alter the basic structure of the constitution like secularism, democracy, federalism, separation of powers.” Often called the ‘basic structure doctrine’, this decision is widely regarded as an important part of Indian history. In the 1978 Maneka Gandhi vs Union of India case, the Supreme Court extended the doctrine’s importance as superior to any parliamentary legislation.
According to the verdict, no act of the parliament can be considered a law if it violated the basic structure of the constitution. This landmark guarantee of fundamental rights was regarded as a unique example of judicial independence in preserving the sanctity of fundamental rights.
The fundamental rights can only be altered by a constitutional amendment; hence their inclusion is a check not only on the executive branch, but also on the parliament and state legislatures.
Since judiciary in Pakistan represents the last hope for the people and trust for the state of Pakistan, therefore, there is need to support the judiciary and the chief justice with open suggestions to respect the rule of law.
MUKHTAR AHMED BUTT
Conflict of interest
THE basic principle involved in the case against allowing dual nationality is that in case of conflict of interest between the countries involved, the loyalty of such persons could be suspect towards one of the two countries, which is most likely to be Pakistan, because of huge attraction of building up and safeguarding investments abroad, and few consequences of ditching Pakistan.
It is claimed by some that since the government has allowed overseas Pakistanis, some with dual nationality, to vote in Pakistani elections, permitting them to compete for various assembly positions would be the logical next step.
Allowing dual nationals to hold important positions through assembly or other routes could enable foreign governments to exercise control over Pakistan through their puppets installed here.
Pakistanis with dual nationality can and do help the country in lots of ways, one of which is remitting part of their earnings abroad to Pakistan which forms a major portion of our foreign exchange inflow.
They could turn around Pakistan provided we get sincere and capable leaders.