Justice Jamali says civil servants are supposed to withstand all pressures and must adhere to principle of transparency in the performance of their duties
Chief Justice of Pakistan (CJP) Justice Anwar Zaheer Jamali has said the civil servants are not subservient to political executive and must act according to the letter and spirit of Constitution and the law.
Addressing a group of course participants from the National School of Public Policy on Thursday, the chief justice said the civil servants are supposed to withstand all pressures and must adhere to the principle of transparency in the performance of their duties. In this connection he referred to a chain of judgments in which the Supreme Court has held that Government functionaries are bound to comply with only those orders and directions of their superiors that are legal and within their competence.
Justice Anwar Zaheer Jamali noted that many a time, there is political pressure upon them to perform some acts which are not in accordance with law. They are, however, supposed to withstand all the pressures and must adhere to the principle of transparency in the performance of their duties, he asserted.
He said good governance is largely dependent on an upright, honest and strong bureaucracy, therefore, mere submission to the will of superior is not a commendable trait in a bureaucrat. He said elected representatives placed as in charge of administrative department of Government are not expected to carry with them a deep insight in the complexities of administration. The duty of a bureaucrat, therefore, is to apprise these elected representatives the niceties of administration and provide them correct guidance in the discharge of their functions in accordance with the law. He said succumbing to each and every order or direction may sometimes amount to an act of indiscretion, which may not be justifiable on the plane of strict discipline.
The CJP said that the Constitution of Pakistan is based on the principle of separation of powers blended with checks and balances among different institutions of the State. All the institutions have their different and distinct roles and functions. However, in the performance of their functions, the institutions of the State are not rivals of each other, rather they are supplemental to each other. Thus, he said, the relationship among the institutions of the State has to be governed by the principles of rule of law and supremacy of the Constitution. He emphasised that in the process, dignity and respect attached to every institution must be upheld in all circumstances. He stressed the need for building and strengthen our institutions so that they, in turn, secure the rights and obligations of the people of Pakistan to which they owe their existence.
He said the civil administration is the backbone of the modern governance system of any State. It provides leadership, command and control and is responsible for continuity of policies to ensure political order, stability and rule of law in the country. He said unfortunately, the achievements of the civil administration in Pakistan have also been far from being satisfactory. It has remained afflicted with inefficiency, corruption, political interference and lack of accountability. All this has negatively impacted upon its performance.
Turning to the role of the judiciary, Justice Anwar Zaheer Jamali said the courts have a distinct function to perform. Each and every proceeding in a court of law has to be brought on record and every order reduced to writing, giving reasons for the same. This process is the essence of any judicial determination. Since the Judges adjudicate upon the rights of the people, they are required to exercise their powers and jurisdiction with care and prudence. However, this requirement is not confined to the judicial determinations alone but every public functionary is bound to follow the law and the prescribed procedures, inasmuch as the laws and the prescribed procedures are laid down to bring certainty in the working of the system, act as a check on the arbitrary exercise of power and are aimed at safeguarding the rights of the people. Similarly, he said, the public functionaries, in observing procedural requirements, are supposed to adhere to the demands of substantial justice, which is the ultimate object of any system of governance.