Role of the SC

Within defined limits

The people of Pakistan have been denied some of the fundamental rights in the past on account of collusion between the military rulers and the higher judiciary. They breathed a sigh of relief therefore when the courts finally gained freedom. The present Supreme Court under CJ Iftikhar Chaudhry is the outcome of a long struggle waged by the independent judges supported by the lawyers, their professional organisations and the civil society at large. There is a need to sustain and strengthen the independence of the courts gained after a heroic struggle.

The revival of an independent judiciary took place simultaneously with the revival of democracy. The new Parliament refused to endorse the state of emergency enforced by Musharraf, a measure employed by him to dispense with the independent judges. Subsequently, the judges were rehabilitated through an executive order issued by the prime minister. Democracy and an independent judiciary, thus, go hand in hand. A perception has meanwhile emerged that there is an ongoing tussle between the judiciary and the executive to extend their respective spheres. This is in a way understandable because the country has yet to develop healthy parliamentary and judicial traditions. It is, however, necessary on the part of both the judiciary and executive to determine if any tendency of the sort exists in order to check it, if it is so. While the constitution has set limitations for every institution, the SC has the sole authority to interpret the relevant constitutional provisions. The apex court has therefore to be extra careful in defining its jurisdiction. The SC has limited time at its disposal while it is required to respond to cases of violation of fundamental rights, enforce the freedom of life and give authoritative opinion on issues in question of law and public importance. The court has to realistically review if it can interfere in the working of the markets, take up complicated issues related to urban traffic or, as suggested by the CJ, ensure the quality of life for the citizens.

People have high expectations from the SC. Topmost on the list is that it would help the fledgling democracy stand on its legs. It has to realise that every system in evolutionary process has problems in its working. The desire for efficiency must not lead to a situation where the baby is thrown out with the bath water.