ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Tuesday said the power of parliament is not absolute and must be within the parameters provided in the Constitution. Any excess or misuse of power by any state authority beyond its constitutional domain becomes the subject matter of judicial scrutiny.
The chief justice expressed these views while addressing to the members of National Youth Assembly Pakistan who called on him at the Supreme Court.
The chief justice while terming the youth an important segment of society, said that they are the bright face of the nation, adding the future progress of the nation depends upon them.
He said 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, he said, adding it cannot enact any law which is repugnant to any of the provisions of the Constitution.
“Similarly, no law can be made to take away or abridge any of the fundamental rights enshrined in the Constitution. The executive has to implement the laws and the judiciary has to interpret such laws. Any excess or misuse of power by any state authority beyond its constitutional domain becomes the subject matter of judicial scrutiny,” said the CJP.
“If any of the institutions transgresses its powers or tries to enter into legal domain of other institution, it undermines the rule of law,” he said, adding the governmental institutions should not be used for the individual benefits and personal gains.
He said the power of judicial review is vested in the judiciary to oversee the acts and actions of the other state organs.
The chief justice said 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 to the constitution or violates any of the fundamental rights guaranteed under the Constitution. “The Court can also scrutinize any executive action and declare it to be illegal and void,” he added.
He said the Supreme Court being the highest Court of the country is the final arbiter of the law and the Constitution. It acts as the ultimate protector of the rights of citizens and upholder of the constitutional supremacy, adding 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.
Addressing the youth he 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,” he added.