Editorial : Courts and people - Tuesday, April 26, 2011

The notion that the judiciary is opposed to the executive and is working to undermine it in one way or the other has been built up from various quarters over the past few months. The impression we have been given is that the judiciary is, somehow or the other, attempting to undermine democracy by attempting to prevent the executive from properly performing its functions. In some ways, this is simply a means to create confusion and to disguise the many flaws in the manner in which the government works by insisting it is the victim of a conspiracy hatched by other institutions. Chief Justice of Pakistan, speaking at the conclusion of the National Judicial Conference in Islamabad, has done well to clarify matters. He has stated that the role of the judiciary is to regulate the working of the state machinery – and nothing beyond that. This is what the Constitution states in completely unequivocal terms. Unfortunately, very few people in the country are well-versed with the provisions of the document or precisely what role is laid down for each institution. Indeed, going by this document, it is also clear that the executive is guilty of violating its provisions by failing to abide by court orders. More than anything else, it is this which represents a threat to the smooth functioning of the state and results in poor governance which affects our lives.

Justice Iftikhar Muhammad Chaudhry also made a highly relevant point when he spoke of the delays in justice, accepting that these take place where inevitable. He also pointed out that one reason for this is the fact that more people are turning to the courts in a quest to obtain justice. This obviously shows a growing faith in the courts and their ability to mete out justice. People can gain a great deal from this. The more active role played by the courts in our lives is to be welcomed. Its impact will almost certainly be an extremely positive one. The judiciary has the capacity to iron out many of the flaws that mar the working of the state. Extremely important precedents are being set. We must hope that this process continues and through it we gain a state that is able to function more smoothly and does more to benefit its people by working alongside other institutions.

Source : http://thenews.com.pk/TodaysPrintDetail.aspx?ID=43676&Cat=8

No comments:

Post a Comment