ISLAMABAD: The Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry has said that whenever a country is ruled by the chosen representatives under the dispensation of the Constitution the system of good governance is strengthened.
Addressing the inaugural session of the 17th Commonwealth Law Conference in the Indian city of Hyderabad on Sunday, he said an independent judiciary was necessary for the enforcement of fundamental rights, trade and commercial activities.
Dilating upon the theme of the conference “Emerging economies and the rule of law: opportunities and challenges,” the chief justice said that rule of law bore a substantial impact on the economic development across the globe.
The judiciary in Pakistan has passed through different phases where efforts were made to adopt unconstitutional measures, a press release received here quoted the CJ as saying.
“But the judiciary ensured its independence in all the circumstances because it is of the opinion that when there is constitutionalism and rule of law, it guarantees a democratic system in the country instead of military rule,” he added.
Referring to the steps taken on Nov 3, 2007, Justice Iftikhar said that for the first time in the history of Pakistan the judiciary asserted itself and the Supreme Court declared those measures unconstitutional and illegal in its landmark order issued on the same day.
The superior judiciary, sacked unconstitutionally, was ultimately restored and the democratic government did not validate or condone the acts and actions taken by the military ruler, he added. The chief justice said that constitutionalism and the rule of law guaranteed enforcement of human rights and thus helped flourish industrial and commercial activities. “The rule of law and equality before law are the hallmark of Islamic thought and philosophy, which derives its authority from the Holy Quran and traditions of the Prophet (PBUH).”
Having alluded to the history of rule of law, he said the concept had been further developed by the International Commission of Jurists, known as Delhi Declaration 1959. According to it, this formulation implied that the functions of the government should be so exercised as to create conditions in which the dignity of man as an individual is upheld.
“This dignity requires not only the recognition of certain civil or political rights but also creation of certain political, social, economic, educational and cultural conditions, which are essential to the full development of his personality,” he said.
About Pakistan’s Constitution and role of judiciary, the CJ said it had given necessary powers to the Supreme Court to protect the fundamental rights.
“The judiciary has to safeguard the fundamental rights of citizens, including the right to life, liberty with its wide connotation and right to property. The courts have attempted to restore and enhance the confidence of all citizens and persons, including the trade, commercial and industrial class and foreign investor, in the system of governance in the country.”
Justice Iftikhar said that as an important organ of the state the judiciary played a key role in financial and economic discipline, promotion and strengthening of democratic institutions and ensured development of projects.
“Its decisions and rulings have impacts on the system of governance. A reformed and modernised legal system, administered through an efficient system of judicial administration, goes a long way in resolving conflicts, settling disputes, restoring rights/entitlements and redressing grievances, which in turn, leads to peace and tranquillity in society,” the press release quoted him as saying.
Such an environment, he said, was ideal for trade and commercial activities, investment and industrialisation, leading to economic growth and prosperity.
The chief justice said that Pakistan being a member of the World Trade Organisation had promulgated various acts and ordinances so as to bring itself on a par with international standards in terms of observance of trade laws and trends.—APP
No comments:
Post a Comment