Judicial Autonomy.
In Pakistan's legal arena, a significant legal battle is currently unfolding, highlighting the complex relationship between legislative and constitutional powers. The focal point of this dispute is the Supreme Court Act 2023, as it is raising critical questions about the delicate balance between the judiciary's autonomy and the role of Parliament in passing legislation on such matters. This case has underscored the need for a judicious equilibrium between these two pillars of governance, each vital in upholding the nation's rule of law.
The government's insistence on exerting control over the composition of benches handling constitutional matters through the SCA is a matter of concern. It is imperative that the government respects the separation of powers and recognises the primacy of the law. The SC, as the custodian of justice, must have the inherent authority to regulate its own practice and procedure, free from parliamentary interference. This separation ensures that the judiciary remains independent, capable of safeguarding the rule of law without undue external influence.
This principle is not just a matter of judicial prerogative; it is the bedrock of a robust democratic system. An independent judiciary guarantees citizens' rights, maintains a system of checks and balances, and upholds the...
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