*Is
the Judiciary’s Power Under Threat?*
Article
by
_Syed
Rehman Hayder Advocate_
In recent times, the balance of
power between Parliament and the judiciary in Pakistan has become a critical
topic of discussion. While Parliament holds the authority to legislate and
amend laws, the question remains whether it can alter the core structure of the
Constitution. Equally important is the judiciary’s role in ensuring that any
such amendments do not undermine the fundamental principles that form the
foundation of the state.
Parliament, as the legislative
body, is empowered to make and amend laws, including the Constitution. However,
its authority is not without limits. The basic structure of the Constitution,
which includes key elements like the Objective Resolution and an independent
judiciary, cannot be changed. This ensures that the country’s constitutional
framework remains intact, regardless of the political climate.
The process of amending the
Constitution is neither simple nor swift. Any constitutional amendment requires
a two-thirds majority in both Houses of Parliament—the Senate and the National
Assembly. After passing through both, the proposed amendment must be signed by
the President. If the President does not sign, the law is still considered
passed after ten days, according to the 18th Amendment. Despite this procedure,
altering the fundamental structure of the Constitution is considered beyond
Parliament’s legislative reach.
The judiciary plays a crucial role
in safeguarding the Constitution. It has the authority to review and interpret
any amendments passed by Parliament. In the past, the Supreme Court has struck
down amendments that it deemed violated the core principles of the
Constitution. This power of judicial review is a critical safeguard against attempts
to undermine the Constitution’s integrity.
Concerns about judicial
independence have intensified, especially following the 26th
Amendment, which some argue curtails the judiciary’s autonomy. Critics fear
that the government’s influence over judicial decisions has increased,
potentially compromising the separation of powers. The ability of the courts to
act as an independent check on parliamentary overreach is vital to maintaining
a balanced democratic system.
In a democratic state like
Pakistan, where the Constitution is the supreme law, it is essential that no
single institution—whether Parliament or the judiciary—gains unchecked
authority. The delicate balance between these branches ensures that power is
not concentrated, and the fundamental rights of the people are protected. Any
attempt to weaken this balance, whether through legislative amendments or
political interference in the judiciary, poses a threat to the democratic
process.
The future of the judiciary’s
independence and its role in protecting the Constitution remains uncertain.
With legal challenges already pending in the courts, the judiciary will once
again be called upon to assert its authority and uphold the principles on which
Pakistan was founded. Whether it can do so in the face of increasing political
pressure will define the course of democracy in the country for years to come.
*Syed Rehman Haider, Advocate, High
Court*
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