Questioning Parliament's power to make or amend laws not judiciary' job: Counsel.
ISLAMABAD -- The federation's counsel on Tuesday contended that it is not the function of the judiciary to question the Parliament's power to make or amend laws. A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial and comprising Justice Ijaz-ul-Ahsan and Justice Syed Mansoor Ali Shah conducted hearing of former prime minister Imran Khan's petition against the amendments in the NAO, 1999. During the hearing, Makhdoom Ali Khan, representing federation, argued that mala fide cannot be attributed to the Parliament, adding that it is not the function of the judiciary to question the Parliament's power to frame the laws or amend the laws. The Chief Justice said that according to the Constitution the members present in the Parliament can pass the law, but the question here is how many members had voted in favour of the amendments.
The federation counsel replied that no law can be rejected because the majority of the total members of the National Assembly were not present in the House when the law was passed. Makhdoom said that 2/3 majority of the total membership of the Parliament makes amendments in the Constitution, adding that in no-confidence vote against the former prime minister (Imran Khan) simple majority of the total membership of the National Assembly had polled their votes. He said that the oath of the Member of National Assembly or Member of Senate said; 'I will perform my functions honestly, to the best of my ability, faithfully.' However, Justice Ijaz said that the MNA oath also talks about sovereignty, integrity, solidarity, wellbeing and prosperity of Pakistan. 'If the law is not made for the well-being and prosperity of Pakistan then it violate their (MNAs) oath,' he added. Makhdoom contended that well-being and prosperity cannot be the subject of judicial review.
He said that according...
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