Law of Necessity & the Constitution of Pakistan
Constitution is a legal document, which undoubtedly provides a guideline to run the country affairs. Therefore the constitution is considered to be a supreme document. Its respect and sanctity is binding on every individual in the country. Unfortunately, in Pakistan it’s the most vulnerably handled document. It has been tempered many times under the catchphrase of necessity by the ruling elite.
On April 21, Supreme Court of Pakistan scrapped the condition of graduation which was imposed by perviaz Musharaf in 2002. The reason coded behind this action was that this condition is repugnant to the fundamental rights mentioned in 1973 constitution. However, on July 11, 2002, a five member bench of Supreme Court had upheld the graduation condition for legislators on a petition moved by the PMLQ.
From 2002 to 2008, the period of 6 years couldn't compensate the legality of this law and no one pointed out its confrontation with the fundamental principle mentioned in the constitution. As the matter of fact, in 2002 Musharaff used this order to keep some individuals out of the Parliament with out keeping in view its compatibility with the constitution. Now when the 2008 elections are over, government has been formed and only bi-polls are left, this condition has been lifted up by the Supreme Court. It should be done before the election 2008, so that the maximum people could get the benefit out of it. But now it would facilitate few important individuals who are going to file their nomination papers for bi-polls.
Pakistan is passing through its sensitive phase of its history. All decisions are under the spot light of media. Consequently, the people of Pakistan are vigilant enough to judge the political scenario. It’s the time for government to come out the influence of necessity law. It’s important on the part of law making bodies to discuss the policies and laws to avoid any ambiguity. It’s only the way to attain the general acceptability of any decision among the people.
Shehzadi Zamurrad Awan
zamurredawan@yahoo.com
Constitution is a legal document, which undoubtedly provides a guideline to run the country affairs. Therefore the constitution is considered to be a supreme document. Its respect and sanctity is binding on every individual in the country. Unfortunately, in Pakistan it’s the most vulnerably handled document. It has been tempered many times under the catchphrase of necessity by the ruling elite.
On April 21, Supreme Court of Pakistan scrapped the condition of graduation which was imposed by perviaz Musharaf in 2002. The reason coded behind this action was that this condition is repugnant to the fundamental rights mentioned in 1973 constitution. However, on July 11, 2002, a five member bench of Supreme Court had upheld the graduation condition for legislators on a petition moved by the PMLQ.
From 2002 to 2008, the period of 6 years couldn't compensate the legality of this law and no one pointed out its confrontation with the fundamental principle mentioned in the constitution. As the matter of fact, in 2002 Musharaff used this order to keep some individuals out of the Parliament with out keeping in view its compatibility with the constitution. Now when the 2008 elections are over, government has been formed and only bi-polls are left, this condition has been lifted up by the Supreme Court. It should be done before the election 2008, so that the maximum people could get the benefit out of it. But now it would facilitate few important individuals who are going to file their nomination papers for bi-polls.
Pakistan is passing through its sensitive phase of its history. All decisions are under the spot light of media. Consequently, the people of Pakistan are vigilant enough to judge the political scenario. It’s the time for government to come out the influence of necessity law. It’s important on the part of law making bodies to discuss the policies and laws to avoid any ambiguity. It’s only the way to attain the general acceptability of any decision among the people.
Shehzadi Zamurrad Awan
zamurredawan@yahoo.com
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