There is a dispute going on at present between the government and the Apex Court regarding the definition of independence of judiciary which is stated in the Objectives Resolution of the Constitution as “Wherein the independence of the Judiciary shall be fully secured”. Since the constitution states that “the Objectives Resolution will form part of substantive provisions”, it is clear that in order to fully secure the independence of judiciary, it should not be made subservient to the Public Accounts Committee so as to make the Registrar answerable to the PAC which would surely compromise the full independence of judiciary. However, the Supreme Court is the final arbiter to interpret the constitution. The authoritative book “Fundamental Law of Pakistan”, authored by late Mr A K Barohi, has a para titled (Government by the Judges) which says that “since the determination of questions relating to those limits is once again, in the last resort, a matter of the interpretation of the constitution, which function is assigned to the judiciary in our constitution, the judges in effect become judges of the limits of their own jurisdiction, power or authority”. As it is, it boils down to the hard fact that judges of the superior court constitute a supra body to decide all the matters relating to the constitution.
DR MUHAMMAD YAQOOB BHATTI
Lahore
