Parliament cannot legislate against basic rights: CJP
Chief Justice Mian Saqib Nisar said SC has right to review laws violating basic rights
ISLAMABAD (Dunya News) – Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar said on Tuesday that parliament cannot make laws that violate the basic rights of the people.
He said, “Parliament is supreme, but constitution is above it. (Supreme Court) has right to review legislation violating basic rights.”
He added that the parliament cannot legislate against basic rights.
Justice Nisar was hearing the media commission case in the Supreme Court (SC) where he heads the three-member bench.
Responding to the questions of certain legislators asking how the top court can intervene in the lawmaking process, he said that constitution is above the parliament.
It must be mentioned that during the speech in the National Assembly, PM Shahid Khaqan Abbasi had raised the matter of judicial reforms, and said that the House should talk on the judicial verdicts taken in the past, asking whether parliament alone has the right of legislation or not. He also said that he had not criticized the judiciary rather he had talked of constitutional limits.
CJP gave remarks that recommendations made in the media commission report, and the promises made by government remain unfulfilled. “We have to make PEMRA ideal and autonomous body,” he reasoned.
He complained that certain inexperienced persons are being appointed in the institutions, adding that appointment of professionals is necessary to run the institutions in a better way.
“Headlines are made when we (even) ask something whereas we give remarks to understand the stance of both parties,” he commented.
CJP made it clear that he is neither giving an explanation nor he is bound to give any. He mentioned, “We will fully utilise the powers of constitution and law.”
