‘Constitution is supreme law of the land’

Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Thursday said the constitution was the supreme law of the land which elaborately defined the composition and powers of the various organs of the state.
“The constitution not only harmonises the relation of the organs but also defines the basic edifice of governance. The various constitutions of the world provide different models and schemes of governance and distribution of powers amongst the state organs. The Constitution of Pakistan represents a combination of Islamic and democratic thoughts. In its preamble, it is laid down that sovereignty over the entire universe belongs to Almighty Allah alone, the authority to be exercised by the people of Pakistan through its chosen representatives,” the chief justice said while addressing the visiting officers of the Pakistan Air Force (PAF) Air War College, Karachi.
He said the Constitution of Pakistan was federal in nature, and provided a dual system of governance at the federal and provincial levels. “The overall scheme of the constitution shows that the three main pillars of the parliamentary democracy are legislature, executive and judiciary. The legislature enacts laws and the executive implements the laws and policies. The judiciary interprets the laws and constitutional text. These pillars have to function harmoniously and within the bounds laid down by the constitution to achieve the desired objectives of securing social, economic and political justice. The imprint of public aspiration on which the entire edifice of the constitution stands is the principles of freedom, equality, justice and rule of law. No society in the world can live with peace and harmony if it is not following the principle of rule of law. For upholding rule of law and constitutionalism in the society, an independent judiciary is a sine qua non.”
The chief justice said the judiciary played an important role of interpreting and applying the laws for adjudicating any disputes between governments and citizens and one citizen with another. “The courts have the additional function of protecting the constitution by interpreting its provisions and keeping all the authorities within the four walls of the constitution.”
He said the people had always considered the courts as the ultimate guardian of their rights and liberties. “Accordingly, the constitution has accorded a very prestigious position to the judiciary. The constitution entrusts the courts with the powers to preserve, protect and defend this basic document. The constitution assigns the Supreme Court a unique responsibility of maintaining harmony and balance between the three pillars of the state,” he said, adding that the Supreme Court of Pakistan stood at the apex of the country’s judicial system and is the court of ultimate jurisdiction.