Addressing a full court reference held in his honour at the Supreme Court (SC) on Thursday, Chief Justice of Pakistan (CJP) Justice Nasirul Mulk, who is going to retire on August 16, cited democracy as the essential requirement for ensuring rule of law.
“A society in which the ruler is not politically responsible to the people, could turn towards despotism and totalitarianism,” the CJP said, adding that the apex court has enforced the will of the people, hoping that democracy will hold the centres of power and the powerful elite accountable through its force.
Establishing that the Bar and the Bench are two interdependent and interconnected parts of our justice delivery system, Justice Mulk said the apex court has remained committed to step in and protect the Constitution in the event of any extra constitutional intervention, thereby protecting and promoting democracy and good governance in Pakistan.
The CJP emphasised that a true form of democracy will only usher in when Judiciary, as guardian of the Constitution, will actively ensure executive’s compliance with the dictates of the Constitution.
The chief justice said as the final arbiter of the law, the Supreme Court is charged with ensuring for the people, the promise of justice under the law and thereby, it also functions as guardian and interpreter of the Constitution. He said the Judiciary has to check and ensure that the rights of the people are not trampled upon. It is through the exercise of judicial review that rule of law is protected.
Justice Mulk said over the past year, SC has sought to protect and promote the rights of the minorities and was confident that it will continue to play a role in ensuring that plurality and diversity of faith-practices in Pakistan are granted protection under the rule of law.
In a reference to his period as CJP, Justice Mulk said through a series of orders passed during the year, the court has enforced the constitutional requirement of holding local bodies’ election. The people through the Constitution have expressed a desire for the diffusion of power at grass-root level.
He expressed confidence that endeavors by the court will contribute towards creating a more egalitarian and politically conscious Pakistan, where “democracy, freedom, equality, tolerance and social justice” shall develop as co-joint forces and usher in social, political and economic development of our country.