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Kiya Supreme Court Kay Paas Ikhtiyar Hai kay Kisi Constitutional Amendment ko Rok Sakay? Expert Analysis
Kiya Supreme Court Kay Paas Ikhtiyar Hai kay Kisi Constitutional Amendment ko Rok Sakay? Expert Analysis
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00:00The biggest debate at this time is whether Parliament's matters can go to Supreme Court and Supreme Court's matters can go to Parliament or not.
00:06What do legal experts say about this? We will talk about this.
00:09Hafiz Hasan Ahmed is with us. He is a legal expert. Thank you very much for joining us.
00:13It's a pleasure having you in the program.
00:15Shahbaz Khosla is also with us. He is also a well-known lawyer. Thank you very much, Mr. Khosla. You have also joined us.
00:20Mr. Khosla, let's start with you.
00:22The matter of Supreme Court and the amendment in Parliament.
00:27Parliament has the right to amend anything with a two-thirds majority.
00:32Now that this has been delayed, the lawyer has taken it to the Supreme Court.
00:36Can the Supreme Court stop any amendment or not?
00:40First of all, I would like to congratulate you on your 24th anniversary, on independent reporting and on having an independent news channel.
00:49Thank you very much.
00:50And I would like to congratulate you on my behalf.
00:52Anika, you are the daughter of a renowned lawyer. You have a law firm at home.
00:58So you know the answer to this question very well.
01:01But I would like to point out a few things for clarification.
01:05Our constitution states that the judiciary will be completely independent under this constitution.
01:13This is our grand norm. This is a fundamental pillar on which the state of Pakistan rests.
01:20Similarly, there are many other laws on the independence of the judiciary.
01:26Article 175B also applies to this.
01:30So there have been many judgments.
01:32The Al-Jihad Trust case and many other cases.
01:35Only the judiciary, which includes the jurisdiction of the jurisdiction,
01:40in which the government has a part in the appointment of judges,
01:45those are the things that are in the hands of the government.
01:47And even on them, the criticism of the press so far is that it should be completely independent from the legislative.
01:54Now we come to the issue of the judiciary.
01:56In Pakistan, the judiciary is not a part of the parliament.
02:03I see many people saying that this is a misunderstanding.
02:10The parliament is supreme.
02:12In Pakistan, the constitution is supreme.
02:14And the legislative work that the parliament has to do,
02:17it has to be done within the constitution and the laws.
02:23It is not possible that the constitution has a fundamental principle,
02:27the separation of powers and the independence of the judiciary,
02:30you can't make it a part of the constitution.
02:34If a person with a small amount of money decides to commit a murder,
02:41then shouldn't you tell the police that he has to carry a weapon,
02:47he has to kill someone, he has to go for it.
02:51Don't we have the power to stop this?
02:55Mr. Shahbaz, this point is important.
02:57Hold on over here.
02:59You said that while being in the ambit of the constitution,
03:02we can marry the law, we can't go beyond that.
03:05I was talking about the pillars of the state a while ago.
03:07There is a parliament and a judiciary in the pillars of the state.
03:11If we go to the judiciary, who is supreme and who is not, that is the question.
03:18Number one.
03:19Number two, this is a question that can any constitution be amended by the parliament?
03:24Can any kind of amendment regarding other states of the pillars be made or not?
03:29Thirdly, there are many articles in the constitution regarding the supreme court,
03:36article 175, 189, 190,
03:39those must have been added at some point in time,
03:41those must have been made at some point in time,
03:43so how can this addition be ensured in the parameters of the constitution?
03:48Bismillah hir rahman ir rahim.
03:49Anika, one thing is very clear that wherever there is a parliamentary form of government
03:54and you have a written constitution,
03:57the legislative competency in that is of the parliament.
04:01Secondly, the jurisdiction of the parliament,
04:05who has to define that?
04:07It has to be defined that if such an action comes,
04:10if it is taken to a supreme court, a judicial review,
04:13then the supreme court defines whether that action was the legislation of the parliament
04:18and whether it is within the parameters of the law or not.
04:21Thirdly, the point is that 25 constitutional amendments have been made in Pakistan
04:28and there is not a single amendment that the parliament has passed
04:32and the supreme court of Pakistan has called it an ultra-virus of the constitution.
04:36Fourthly, in the developing countries of the world
04:40and in the developed countries,
04:42the jurisdiction is defined in two places in the same constitution.
04:46It is also the supreme court and for constitutional matters,
04:49it is also their constitutional court.
04:51Those examples are in front of you,
04:53Spain, Austria, Germany, South Africa are also in it
04:57and it is in it that to the extent of jurisdiction,
05:00the independence of the judiciary is guaranteed by the constitution.
05:04The fifth thing in it is that if someone is giving the jurisdiction of Pakistan
05:09and the same jurisdiction is not being taken back
05:11and a forum is being created for it
05:13and that forum is being done on the basis of all your political parties
05:19who have signed a COD from 2006,
05:23which includes PMLN, People's Party, GAI has also endorsed it,
05:27after that PTI has also endorsed it,
05:30then has the parliament reduced the rights of this constitutional jurisdiction
05:35due to which the independence of the judiciary is being reduced?
05:38That is one thing in it that the constitution is also in the same place,
05:41only the jurisdiction has been taken from one place to another.
05:45Now you are talking about 25 amendments,
05:48on which the Supreme Court has not said anything,
05:50but the problem is that this amendment is directly related to the Supreme Court,
05:54so let's talk about it.