ISLAMABAD
Hailing Supreme Court’s interim order on the 18th Amendment, the top jurists of the country have demanded of the parliament to incorporate SC’s recommendations on Article 175-A which deals with the appointment of superior court judges.
They said that it was now imminent to bring another (19th) Amendment and get it passed from the parliament to implement SC’s interim order; otherwise after the passage of three-months – till the next hearing on 18th Amendment case, the Supreme Court could exercise the power of judicial review to dispose of the matter.
Talking to Pakistan Today outside the Supreme Court, Ahmed Raza Qasuri said that the apex court had just focused on 175-A as the amendment dealt with judges’ appointment and the appointment of judges was directly related with the independence of judiciary.
“The independent judiciary is the part of constitution’s basic structure and the amendment was conflicting with the basic structure theory of the constitution,” he said adding that the verdict was very balanced and would end tension between the executive and judiciary.
“The SC acted prudently in its judgment and this verdict will avert possible conflict between the judiciary and the parliament,” said Iqbal Haider. He said it was now the responsibility of the legislative to address superior court’s reservations over judges appointment issue and also incorporate its recommendations in 175-A.
Justice (r) Wajihuddin said that the Supreme Court adopted positive approach to resolve controversy on judges’ appointment issue. Predicting no future clash between the judiciary and legislature, Justice (R) Fakhar-ud-Din G Ibrahim said that the apex court had chosen the best way to address 175-A.
Justice (r) Tariq Mehmood was confident that the threat of conflict between the executive and judiciary was over now. “Some elements are disappointed over the verdict as the SC judgment has put cold water on their negative aspirations,” he said.
“Now the parliament needs two-third majority to adopt another amendment to implement the SC order otherwise the case would reopen in the SC as new. Prominent lawyer Ikram Chaudhary also said that a new bill would have to be tabled in the parliament to make amendments in the constitution in the light of SC interim order.
He said the Apex Court exercised restraint otherwise it could have decided the matter itself instead of referring it to the parliament. Hailing SC’s interim order Asma Jahangir said that the apex court in its verdict had recognised parliament’s supremacy.
“It is the welcome step of the apex court that it did not impose itself on the parliament,” she said. Hamid Khan said the government would definitely bring the 19th Amendment in the parliament to amend the constitution in the light of apex court order.
When asked if the two-third majority of the parliament did not support the 19th amendment, Khan said the court could exercise judicial review to dispose off the matter.
Athar Minullah said the apex court had the authority to strike down 175-A but it dignified the parliament by sending the disputed amendment to the representatives of the people of Pakistan’.
Former Law and Parliamentary Affairs minister Iftikhar Gilani also hailed SC’s verdict on the 18th Amendment.
