Supreme Court: New constitutional debate!

 Supreme Court: New constitutional debate!

The political landscape of the country has resulted in a surge of disagreements between various institutions, including the administration, legislature, and army. In recent times, even the judiciary has become embroiled in the ongoing debate of division within the institutions. The controversial decision taken by the two-thirds majority of the Supreme Court regarding the delay in the issuance of the date of elections of the Provincial Assemblies of Punjab and Khyber Pakhtunkhwa has sparked a heated debate. The decision was dissented by two judges, Justice Mansoor Ali Shah and Justice Jamal Khan Mandukhel, in a detailed 27-page judgment.

 

The dissenting judges have highlighted that the Supreme Court's suo motu process interfered with provincial affairs and undermined the autonomy of the High Courts. They further stated that the decision should not have been taken in haste, as the matter was already pending in the Lahore and Peshawar High Courts. Moreover, the judges pointed out that the Chief Justice's one-man power show authority needs to be reconsidered. They stressed that the courts should interpret what is written in the constitution rather than rewriting it.

 

The dissenting decision of the two judges, which was supported by two other judges, has raised questions about the discretionary powers of the Chief Justice and dealt a blow to the reputation of the Supreme Court. Therefore, it is imperative that the full bench of the Supreme Court should take decisions on sensitive issues to avoid any impression of division within the judiciary.

 

In a democratic country, the constitution approved by the elected parliament of the people is considered supreme, and the Supreme Court should not be regarded as a royal court. Therefore, it is necessary that the highest judiciary of the country should set up a bench consisting of the most senior judges and reconcile the issues in light of the constitution. This approach will help maintain the reputation of the Supreme Court and restore the people's trust in the judicial process.

 

In conclusion, the ongoing political crisis and economic deterioration in the country require a robust rule of law. The judiciary plays a critical role in ensuring justice and upholding the constitution. Therefore, it is essential that the Supreme Court takes decisions with utmost care and prudence, avoiding any hasty action that may lead to controversy and division.