Chief Justice of Pakistan (CJP) Iftikhar Chaudhry on Wednesday remarked that one of the best systems in democratic set up was the local bodies (LB) system which ensured good governance in the country.
He said the system was installed to look after the problems of common people as priorities for the chosen representatives in assemblies had varied ones while in old days, such a system remained intact in different forms. He made these remarks while conducting proceedings on a constitutional plea moved by Zameer Ghumro against the Sindh People’s Local Government Act 2012.
Justice Gulzar Ahmed and Justice Azmat Saeed were the other members of the bench. The CJP questioned the counsel whether any such law was existent when the incumbent government was elected during 2008.
He told him that the legislative bodies were tasked to frame laws and these could only be gauged on the touchstone of fundamental rights like the Articles 8 and 9 of the constitution. “The constitution is the living documents and you can stretch your arguments on Article 9 related to right of life,” he added. He said that such legislation could be struck down only if proved contrary to the fundamental rights.
The counsel contended that any law or custom contrary to the fundamental rights should be declared unconstitutional. He also said that composition of the metropolitans under the act was not based upon reasonable classification and eligible criteria. He said such legislation had created discrimination among the different areas of the province.
To bench’s query, he said the metropolitans were created after carving out different districts and it was the discretion of the government to give a status of metropolitan to any district.
He claimed that the administrative, political and financial powers of the districts were also curtailed.
The CJP said that they would continue their functions under the constitution as arbiters, irrespective of what was going outside the courtroom.
The bench adjourned further hearing until Thursday (today).
