Govt tells SC democracy is basic feature of country’s constitution, parliament embodiment of democracy
The federal government Tuesday told a 17-judge Supreme Court bench hearing the 18th and 21st constitutional amendments case that democracy is the basic feature of the country’s Constitution while the Parliament is the embodiment of democracy.
“Without the Parliament, there is no democracy. However, the Constitution cannot be abrogated by the Parliament,” said government’s counsel Senior Advocate Khalid Anwar. He said that Legislature and Executive are also the basic features of the Constitution which cannot be tampered with.
Regarding the appointment of judges, the government’s counsel said that the power to appoint judges was originally in the hands of the Executive, but subsequently, the consultation of chief justices has remained binding in view of the Aljihad case judgment.
He contended that the power of the chief justice regarding the appointment of judges has been restricted in 18th Amendment case.
Anwar argued that Judiciary did not have the power to appoint judges in any other country except Pakistan.
“In other countries, judges are appointed with the consultation of the Executive and Legislature,” he said. Referring to the judicial system in United States, the government’s counsel said that the process regarding the appointment of judges has become politicised.
Justice Asif Saeed Khosa retorted that not only were the powers of the chief justice restricted but also the prime minister and chief ministers’. “They have given sacrifices and they have no role in incumbent procedure of judges’ appointment,” Khosa said.
