CJP warns against ‘unconstitutional’ legislation

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Chief Justice Iftikhar Muhammad Chaudhry on Saturday said that the parliament cannot legislate any law repugnant to the constitution, injunctions of Islam and contrary to fundamental laws, adding that no one could claim supremacy over the law.
“If such law is promulgated, the Supreme Court under its power of judicial review can review it. The underlying object of judicial review is to check abuse of power by public functionaries and ensuring just and fair treatment to citizens in accordance with law and constitutional norms,” Justice Chaudhry said while addressing a 50-member delegation of Youth Parliament at the Supreme Court. The CJP said: “The system in our country is parliamentary system. From 1973 onward there have been National Assembly and Senate but on account of constitutional turmoil time and again there had been intervention in parliamentary system, therefore, the expectations of people attached with parliament could not be fulfilled. Parliament is required to give laws in accordance with the constitution for betterment of public at large so that laws can be made applicable.” The CJP stressed that the constitution is a complete document which answers all questions, adding that every organ of the state enjoys complete institutional independence within its constitutional domain, however, any excess or misuse of power beyond that domain becomes the subject matter of judicial scrutiny. Speaking about fundamental rights, he said, “Where any question of public importance arises with reference to enforcement of any of fundamental rights ensured by the Constitution of Pakistan; then the Supreme Court has power to make any appropriate order for enforcement of these rights.” The law applies to all, irrespective of their status, power, caste, creed and religion. No one can claim supremacy over and above the law, the CJP added. Justice Chaudhry said the youth, being a crucial segment of society, formed the basis for future development and were the face and future of the nation.

44 COMMENTS

  1. I fully support the Chief Justice of the Supreme Court of Pakistan and look forward to him to work on removing those clauses of the constitution which have denied dignity to women in the name of Hadood Laws. In the same vein the Blasphemy Law and the Law for declaring Ahmedi's non Muslims must be ammended.

  2. 1) Parliament has a right to make laws. The Supreme Court can look into them if they are in conflict with the Constitution.
    2) If Parliament amends Constitution, Supreme Court must not entertain any Petition against it. It is beyond its domain. If Parliament wants to take away certain powers from judiciary, it has every right to do so.
    3) But for proper functioning, we need to have a proper Supreme Court. The present Supreme Court as constituted is ultra vires of the Constitution. Any body of persons headed by a Dual PCO judge cannot be called Supreme Court. Constitutionally, we do not have a Supreme Court. Parliament must take steps to frame one.

  3. Aren't you guys sick of such dictatorial attitude how can a cj of a country threaten elected representatives of the country, they are called law makers for areason, we Indians were starting to like the cj of Pakistan, but we are thankfull we don't have such self righteous honourable judges

  4. He now fears dose of his own medicine… Parliament can make laws.. thats their primary responsiblities. Now he fears impeachment so he is forewarning hahaha He is looser and his real face will be exposed soon.

    • Shut up, you are one of the Chamcha of Zardari and gillani. We will fix people like you in the next election and will also see Zardari and its Dogs……Iftikhar Chaudhary is our hero and never open your mouth against him.

  5. I would suggest that he should resign from the post of CJ. Not fit by any standard who thinks he and his family is above the law. We had enough from this disfigured person who now wants to dictate the parliament what is good to legislate. God forbids, he now considers himself as the only person in our country who is everything and others are nothing.

    • why not Zardari should resign, who put this country on stake…..you people are the dogs of Zardari and writing stupid remarks about the hope of Pakistan……

  6. How can the SC an institution created by the Constitution rise above it and tell the other arms of the state to obey its writ? Happens nowhere in the world, but then we are unique.

  7. iftikhar ch is pco judge.two years back a judgment was come only senior judge can become CJ AT that time ch was junior but he did not left his seat mushraf,s contempt of court is pending who dismis him aslam baig case is pending shabaz sharif case pending last four years in which clear cut decion there is some thing behind the seen molvi mushtaq ke roh boll rahe ha hypocracy at its peak

    • Bhutto was the son of Great Ayub Khan……..he use to call him DAADY………phir usey Shaheed keon kehtey ho…????
      Benazeer ne Musharraf dictator se deal ki…..usey Shaheed keon kehtey ho????
      Ess mulk mein kon esa hey jo Marshala ki paidawaar nai…..ya jiss ne PCO ko accept nei kiaya????
      Chief Justice is a great person and he is deliviring…..i know you all are paid employees of Malik Riaz and writing against CJ.

  8. This CJ is only a pawn moved by the back room boys who does not like any civilian set up. He should have maintained the prestige of the judiciary by not becoming part of this great game to overthrow democracy.

  9. For the last four years Asif Ali Zardari and his coterie has been raping the nation left right and center. Now that someone mustered enough moral courage to stop him for further rape! Some of you who lack the character to see the difference between Right and Wrong, even though you are visiting the mosque five times daily. The CJ has taken the Right Steps to prevent the plunge into the abyss.

  10. This iftikhar mantle should be sent to mantle hospital. I doubt his sanity & stability of mind.

  11. Rule of law only way forward. "With the Law Lands get built" (med lov skal mand landet bygge) says this Danish proverb.

  12. Chief Justice Iftikhar Chaudhary is a great person and he is the only hope against this corrupt system. I know all the paid employees of Zardai and Malik Riaz are writing against him. Malik Riaz has prepared a team of IT people whose jos is to write against Chief Justice on social media…..all of you who are against Cheif Justice are not writing from inside, you all are paid buggers……Jaffar az Bengal Sadiq az dakkan ki tarrah…..bakayoo maal ho tum sub loag jo Cheif Justice k against likhtey ho….sharam karo…..chooteo……

  13. What does this potato-head know about constitution? His ideas are fed by brass spoon …
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  14. cjp is making a history he must keep it on inshallah nation is on his back more strongly than the layers movement there will be another aihtezaz to read out dharti ho gi maan ke jeisy it will happen soon when kaba ko corruption ke tamam botoon se pak kar dea jae ga irrespective of their party and personality

  15. Rana Iftikhar is a paid servant of nawaz sharif, this godforsaken corrupt and incompetent government was Ifti's dad's brainchild. To shunt out parliamentary legislation would be the last nail in the coffin of this parliament and judiciary. bon voyage!

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