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

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#supremecourt #nationalassembly #ShehbazKhosa #constitutionalamendment #khabar   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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