The Supreme Court is final arbiter of constitution. In this sense, the SC is superior and all other heads of institutions as well as all individuals are bound to bow before it. However, the constitution allows all pillars of the state and constitutional bodies to form their own laws for smooth running of administration. The apex court can review these acts to ensure they do not conflict with any provision of the constitution. At the same time, the SC is also authorised to formulate its own judicial policy, rules and regulations. However, no one can oversee or criticise such policy and apparently there is no mechanism to oversee the SC policymaking, which seems to be discriminatory. No one can be the judge of his own actions, as it betrays the pretention that no one is above law.
The SC judges might be competent, honest, and trustworthy, but as human beings they are prone to mistakes. Moreover, the superior judiciary is also subject to constitution, but it seems to overstep lines envisaged in the constitution and encroach upon the jurisdiction of other heads of institutions. It is involved in fixing of prices of commodities, promotions, postings, and transfers of government servants, dubbing some as honest and others incompetent without any trial or fair process. SC sometimes tries to solve social issues outside its original function – dispensation of justice – without which there is no rule of law and justice as often claimed. It issued directive to CEC to prepare electoral roll and redefine constituencies and if CEC conducts elections under the direction of SC, its own constitutional independence is in danger and slogan of free elections becomes meaningless and doubtful.
Superior judiciary, being final arbiter of law and constitution, stands at high pedestal and one can expect it to bear greater responsibility with regard to solution of public problem, for peace and prosperity, economy, crumbling security and worst law and order problems persistent in the country. Efficiency lies in averting an unpleasant event to happen than becoming wise in the retrospect. Everyone is looking towards judiciary to act in a most fair, honest and neutral way to dispense justice, which is its primary duty. If judiciary assumes the duties of executive, probably Faiz’s poetic verse ‘kissey vaqil karien aur kiss sey munsafi chahien’ fairly fits in.
RAJA SHAFAATULLAH
Islamabad
