Kiya Supreme Court Kay Paas Ikhtiyar Hai kay Kisi Constitutional Amendment ko Rok Sakay? Expert Analysis

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Kiya Supreme Court Kay Paas Ikhtiyar Hai kay Kisi Constitutional Amendment ko Rok Sakay? Expert Analysis
Transcript
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.

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