CJ Iftikhar Muhammed Chaudhry stresses judicial power to review amendments

ISLAMABAD: The Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry said the Parliament’s power for Constitutional amendment and the judicial right to putting it to review, could not be restricted, Geo News reported Wednesday. A larger SC bench comprising 17 judges heard various identical petitions against certain clauses of the 18th Amendment, including the limits of parliament’s right to amend the Constitution. Giving remarks, Justice Khalilur Rehman Ramday said there is a Public Service Commission for the appointments above 17 grade; but contrarily, the Parliament has been authorized to appoint judges. He added, ‘The Parliament is respected; however, the issue relating the judges’ appointment will have to be looked into.’ “Will this be tantamount to segregation of judiciary from the executive?” Justice Ramday queried. Earlier, the CJ Chaudhry said in his remarks, ‘The Constitution is a living document; hence, each and every of its Articles should be put into practice,’ adding the public could be approached through referendum for their opinions on Constitutional amendment. Like previous two hearings, Hamid Khan, the counsel for the Supreme Court Bar Association started also today’s proceedings with his arguments before a the SC’s bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Nasir-ul-Mulk, Justice Raja Fayyaz Ahmed, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawad S. Khawaja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Rahmat Hussain Jafferi, Justice Tariq Parvez, Justice Mian Saqib Nisar, Justice Asif Saeed Khan Khosa, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday. Hamid Khan said it would run counter to the basic structure of the Constitution to divest judiciary of its right to review the Constitutional amendments, as this very right is the part and parcel of independence of the judiciary. The CJ said the 17-member bench is pitched in this case to deliver such a verdict that nobody could dare touch upon fundamental rights in future. The CJ questioned, ‘Was referendum ever held for Constitutional amendment?’ Hamid answered in negation. Justice Ramday supplemented, ‘The referendum is convened only for those who sneak into power unconstitutionally. The clause regarding referendum was not enshrined in the Constitution only for ushering a military general to the Presidency.’ The CJ stressed that the powers of the Parliament relating Constitutional amendments could not be restrained, adding the elected Parliamentarians function under the Constitution. He added the representatives were elected on no-party basis in 1985 general elections, however. Later on, the CJ, adjourning the hearing till tomorrow, said the court will resume hearing of the NRO verdict review petition after the interval tomorrow, adding it is quite possible that 18th Amendment case is adjourned for two weeks thanks to the judges’ going on leave.