- CJP says judiciary’s task is to protect, preserve and defend the Constitution and make sure no one rises above it
Speaking on the eve of the new judicial year Monday, Chief Justice of Pakistan (CJP) Nasirul Mulk made it clear that no person or institution can elevate itself above the Constitution and it is the judiciary’s task to ensure that all state functionaries maintain their fidelity towards the Constitution.
The CJP said that judges do not merely interpret the words of the Constitution but also have the duty to preserve and protect it against any moves designed to defeat the scheme of the Constitution.
CJP Mulk held that the primary obligation of every judge is to “preserve, protect and defend the Constitution” which should be undertaken “without fear or favour, affection or ill-will.” No consideration or obligation can rise above the judges’ loyalty to the text and spirit of the Constitution, he added.
The CJP observed that progress, security and development could not take place in the absence of safeguards provided in the Constitution.
“No society can survive in a constitutional vacuum where fundamental rights of the people are not guaranteed or protected. Restrictions by the State functionaries on the freedoms of the people are open and subject to Judicial Review, which tests the restrictions so imposed upon the bar of constitutionality. However, under no circumstances should it be assumed that rights granted under the Constitution are absolute as they remain subject to reasonable qualification and reasonable restrictions.”
It is the task of the judiciary to ensure that rights in a democratic society are balanced with counter-imposed duties, he said, adding that the unique position of the Supreme Court stems, in large part, from the deep commitment of our nation to the Rule of Law and to a Constitutional government.
He said that the Supreme Court had demonstrated its determination to preserve and protect the written Constitution, thereby protecting and promoting democracy and good governance in Pakistan. The Supreme Court and the judiciary of Pakistan shall forever endeavour to dispense justice to all, without being affected by any interest or extrinsic considerations, he added.
Moreover, Mulk said, “A path which deviates from Constitutionalism regresses into an age of apathy, where no Rule of Law exists. As a democratic society, it is incumbent upon all citizens to collectively promote respect for and obedience to the Constitution.”