THE OTHER WAY OF FORMING THIS TOPIC WOULD PERHAPS BE......WOULD RESTORATION OF JUDICIARY TO 3 NOV 2007 POSITION , BRING ABOUT AN INDEPENDENT JUDICIARY ?
I ALSO THOUGHT LIKE MANY OTHERS THAT RESTORATION OF JUDGES OR RESTORATION OF JUDICIARY WOULD BRING ABOUT AN INDEPENDENT JUDICIARY ! LATER, I REALISED THAT EVEN IF IT IS RESTORED THE NATION WOULD BE FAR FROM SEEING AN INDEPENDENT JUDICIARY !
THE TROUBLE IS WE ARE ALREADY SURVIVING AND FORCED TO LIVE IN A PERSONALITY ORIENTED SYSTEM ( THANKS TO THE SYSTEM OF AN UNINDEPENDENT JUDICIARY), IF THE JUDGES ARE RESTORED OR FOR THAT MATTER IF THE JUDICIARY IS RESTORED , THE RESTORED ' PERSONALITIES ' WOULD THUS BECOME POWERFUL THEN THE SYSTEM AND SECONDLY JUSTICE FOR ATLEAST NAWAZ SHAREEF AND HIS PARTY AFFILIATES IS FOR SURE ' GRANTED ' ! SAME WOULD BE THE CASE OF JUSTICE WHEN CASES ARE PRODUCED AND ADVOCATED BY AETIZAZ EHSAN, ALI AHMED KURD AND HIS LIKES BEFORE THE HONOURABLE RESTORED JUDGES !
TODAY IT IS NATURAL FOR THEM TO HAVE BIASED OPINIONS ! THEREFORE , THEY MUST NEVER EVER B RESTORED !INSTEAD OF RALLYING AROUND WITH MR. AITEZAZ EHSAN AND THE WHOLE BUNCHOF LAWYERS ON THE STREETS , I OPINE THAT , IN THE BEST INTEREST OF THE NATION , CHIEF JUSTICE IFTEKHAR CHOUDRY ALONGWITH ALL THE DEPOSED JUDGES SHOULD HAVE RESIGNED HONORABLY , AS A FIRST STEP ! AS THE SECOND STEP THEY SHOULD HAVE HELD CONFERENCES AND SEMINARS AND RALLIES ALONGWITH THE LIKE-MINDED LAWYERS AND EDUCATE THEM THAT THEY HAVE STEPPED DOWN IN THE INTEREST OF THE NATION TO BRING ABOUT AN INDEPENDENT JUDICIARY !
AS THE THIRD STEP , THEY SHOULD HAVE STARTED EDUCATING THE NATION THROUGH THE MEDIA , THE NEED TO BRING ABOUT AN INDEPENDENT JUDICIARY AND THE FRUITS THAT THE NATION WOULD REAP AFTER ITS DONE ! THEY SHOULD HAVE TOLD THE NATION THAT ITS NOT MUSHARRAF THAT THEY R AGAINST ! THEY ARE AGAINST THE PATH THAT LEAD MUSHARRAF TO WHERE HE WAS ON 12 OCT 1999 . THEY SHOULD HAVE TOLD THE NATION THAT THEY WERE AGAINST THE STRENGTH THAT GAVE MUSHARRAF THE ILLEGITIMATE RIGHT TO REMOVE SO MANY JUDGES IN ONE GO BEING THE CHIEF OF ARMY STAFF ON 3RD NOV 2007!
IF THE MOVEMENT WOULD HAVE BEEN CONDUCTED WITH THIS INTENT AND CLEAN OF VESTED INTEREST OR SELF INTEREST , IT WOULD HAVE GAINED AN UNSTOPPABLE MOMENTUM WHICH THE MEDIA WOULD HAVE ALSO SUPPORTED BECAUSE THIS TIME IT WAS NOT ADVOCATING A PERSONALITY IT WOULD HAVE BEEN BRINGING ABOUT A CHANGE IN THE SYSTEM !
UNFORTUNATE! NONE OF THE LEARNED JUDGES AND NONE OF THE LEARNED JOURNALISTS SPOKE AN IOTA IN THIS DIRECTION ! THE BEST THEY COULD HAVE DONE IS EDUCATED THE NATION BY TELLING THEM THAT ITS THE NEED OF THE HOUR TO FIND WHERE THE ACTUAL FAULT WAS ? HOW WAS IT POSSIBLE FOR AYUB , YAHYA , ZIA AND MUSHARRAF TO BREAK-IN THROUGH THE COMMON DOOR ?
ITS IMPOSSIBLE TO IMAGINE THAT NONE OF THESE LEARNED JUDGES AND BARRISTERS ARE AWARE OF THE RECIPEE AND THE INGREDIENTS OF AN INDEPENDENT JUDICIARY , GIVEN THE EXPERIENCE COUPLED WITH THE KNOWLEDGE THEY POSSESS ! THEN THE ONLY THING THAT REMAINS FOR ME TO UNDERSTAND IS , THEY DO NOT WISH TO BRING ABOUT AN INDEPENDENT JUDICIARY BUT THEY CERTAINLY DO WISH TO ONLY GET THE JUDICIARY RESTORED ...... FOR VESTED INTERESTS, NATURALLY !
LETS NOW SEE THAT THE JUDICIARY IF RESTORED ( ONLY ) WOULD SHUT ' THE COMMON DOOR ' FOREVER ? DOES THIS ACTION GAURANTEE THAT THERE WOULD NOT BE ANYMORE 'MUSHARRAFS ' IN THE FORTH COMING HISTORY IF IT IS RESTORED TO THE POSITION OF WHERE IT WAS ON 3rd NOV 07? MY ANSWER IS ''' NO''' ! IT GAURANTEES NOTHING , BECAUSE THE WEAKNESS OF LEGISLATION DUE TO WHICH THE DOOR HAS BEEN LEFT OPEN IN THE CONSTITUTION EITHER PURPOSELY OR UNKNOWINGLY CANNOT BE SHUT FOREVER BY THE RESTORED JUDGES ! ITS THE JOB OF THE PARLIAMENT ....... THE LEGISLATURE !
THEREFORE , HAD THE LAWYERS MOVEMENT BEEN A COMBINED MOVEMENT INCLUDING THE DEPOSED JUDGES IN IT PROBABLY NAMED AS 'MOVEMENT FOR INDEPENDENCE OF JUDICIARY' , THINGS WOULD HAVE BEEN DIFFERENT !
NATURALLY , TODAY THE MEDIA BEING SO VIBRANT AFTER BEING EDUCATED BY THOSE LEARNED PERSONALITIES WOULD HAVE SUPPORTED THE TRUTH ABOUT THE INDEPENDENCE OF JUDICIARY AND WE WOULD HAVE HAD SEEN MORE AND MORE WIDESPREAD DISCUSSIONS FROM ALL ANGLES IF THIS MOVEMENT WOULD HAVE PROPOSED A CONSTITUTIONAL AMENDMENT FOR THE LEGISLATURE TO THINK AND DEBATE UPON ! THE JIST OF THE AMENDMENT COULD B SOMETHING LIKE THIS ..................." AND WHEREAS THE APPOINTMENT OF THE JUDGES OF THE SUPREME COURT INCLUDING THE CHIEF JUSTICE IS AN ACT OF THE PARLIAMENT . THE PRESIDENT WOULD ONLY APPOINT THEM AFTER THEY ATTAIN TWO THIRD MAJORITY IN BOTH THE HOUSES FOR LIFE TIME TENURES." THE LAST FOUR WORDS ARE THE ESSENCE OF AN INDEPENDENT JUDICIARY !
WITH THESE FOUR WORDS INCORPORATED IN THE TENURES OF THE LEARNED JUDGES , THERE WOULD NEVER BE ANOTHER MUSHARRAF, EVER ! WITHOUT THEM THE DOOR IS ALWAYS OPEN FOR ANY ADVENTURER OF THE LIKES OF MUSHARRAF !
Friday, October 24, 2008
Thursday, October 9, 2008
Personality Oriented System
I WOULD LIKE TO DRAW THE KIND ATTENTION OF THE READERS ,IN PARTICULAR THOSE OF PAKISTAN,TO A VERY IMPORTANT ASPECT WHICH IS MISSING IN THE SOCIO-POLITICAL FABRIC OF OUR COUNTRY.DESPITE THE FACT THAT WE POSSESS AN ELABORATE CONSTITUITION OUR SYSTEM TOP TO BOTTOM IS '' PERSONALITY ORIENTED '' !
DUE TO THE VERY ABSENCE OF A CHECK AND BALANCE IN THE COUNTRY'S MAIN INSTITUITIONS A CHAOTIC SITUATION IS OBSERVED IN ALL WALKS OF LIFE . SOON AFTER ITS INCEPTION, THE RULERS HAVE DONE ALL TO BECOME THE ULTIMATE POWER.SO MUCH SO,THAT THEY THEMSELVES BECOME ' THE LAW' AND THE LAW FORMULATING BODY IS EITHER UNDERMINED OR INCAPACITATED , THEREBY.FOR EXAMPLE, MR.AYUB KHAN GAVE BIRTH TO 'AYUBISM' ,THEREAFTER , CAME BHUTTOISM.THEN ZIAISM.BHUTTOISM TOOK RE-BIRTH WITH MOHTARMA BENAZIR ZARDARI , COMMONLY KNOWN AS SHAHEED MOHTARMA BENAZIR BHUTTO . THEN CAME IN SHARIFISM ,WITH MR. NAWAZ SHARIF IN CHAIR . FOLLOWED BY MUSHARRAFISM WITH GENERAL PERVEZ MUSHARRAF AT THE HELM OF THE AFFAIRS ! WELL THEN, ITS MR. ASIF ALI ZARDARI NOW WHO CLAIMS TO RUN THE COUNTRY'S AFFAIRS ON THE GUIDELINES OF THE (late) ZULFIQAR ALI BHUTTO AND MOHTARMA BENAZIR BHUTTO ! '' ROTI , KAPRA AUR MAKAAN '' HAS ONCE AGAIN TAKEN RE-BIRTH. ITS YET TO BE SEEN THOUGH IN ALL THE THREE TENURES OF THE BHUTTO FAMILY , HOW MANY WERE BENEFITTED WITH THE FAMOUS SLOGAN AS ,BY THE WAY ! AMIDST ALL THE ' ISMS ' ONE HARDLY FINDS ANY BIT OF 'CONSTITUTIONALISM' AND 'INSTITUTIONALISM' ! ( CONSTITUTIONALISM --YES -- ONLY WHEN AND WHERE IT SUITES THEM).
LET ME ASK U A SIMPLE QS THE ANSWER OF WHICH IS OBVIOUSLY A 'NO'.
IS IT POSSIBLE FOR ANY SERVANT TO EXERCISE ANY 'MASTERY' OVER HIS MASTER ? N O . IF WE TAKE A CLOSE LOOK , WE FIND THAT OUR POOR CHIEF JUSTICE OF THE SUPREME COURT ( YES, THE JUDICIARY) IS THE SERVANT AND THE PRESIDENT, THE MASTER ! HOW CAN THERE BE A POSSIBLE CHECK AND BALANCE BETWEEN THE TWO INSTITUITIONS ; THE JUDICIARY AND THE ADMINISTRATION,WHEN THE MASTER CAN FIRE HIS SERVANT ANYTIME AT HIS WHIMS AND DESIRES ALONE ? IF WE TAKE A STOCK OF THIS SITUATION , WE COULD FOR SURE GET RID OF THE UMPTEEN NUMBER OF ISSUES AND PROBLEMS THE COUNTRY AND THE MASSES ARE FACING , ALIKE!
THE SENSIBLE WOULD OPINE THAT THERE IS ONLY ONE POSSIBLE SOLUTION TO THIS MENACE WE NOW ARE IN AS THE FIRST STEP TO A TOTAL CORRECTION , IF NOT NOW , PERHAPS THEN ( GOD FORBID) IT MIGHT B TOO LATE !WITHOUT THIS STEP , ALL OTHER STEPS TAKEN FOR THE REQUIRED CORRECTION ARE NOT LIKELY TO YEILD ANY RESULTS ANYWHERE IN ANY OF THE FIELDS . HOW ABOUT TALKING OF THE TENURES OF THE CHEIF JUSTICE AND THE COMPLETE BENCH IN OFFICE ? WHY NOT THINK OF APPOINTING THEM FOR LIFE TIME TENURES IN OFFICE THROUGH A CONSTITUTIONAL AMENDMENT ? WHATS WRONG IN IT ? GIVEN THE CONSTITUTIONAL STRENGTH TO THE JUDICIAL OFFICERS , COULD THE PRESIDENT NOW REMOVE THE CHIEF JUSTICE OR ANY JUSTICE OF ANY OF THE COURTS ? COULD THEY THEN BE INFLUENCED IN THEIR DECICIONS ? COULD A MARTIAL LAW EVER HI-JACK DEMOCRACY WHICH UNDER THIS SYSTEM COULD BE TERMED AS TRUE DEMOCRACY? ABOVEALL,COULD 58 2 (B) BE USED FOR VESTED INTERESTS ? AND THEN MOST IMPORTANTLY , COULD ANY PERSONALITY RISE ABOVE THE LAW ??? THE ANSWER TO ALL THESE QUESTIONS IS ' NEVER ' !!!! THEN WHY NOT THINK ABOUT IT AND THINK FAST !
LET US NOW TAKE A BREIF LOOK AT WHERE THIS SYSTEM IS ALREADY IN PLACE AND A PROPER CHECK AND BALANCE PREVAILS BETWEEN THE ESSENTIAL INSTITUTIONS OF THE GOVERNMENT . NO WHERE ELSE BUT THE UNITED STATES OF AMERICA !!!!!!
THE CONSTITUTION REIGNS SUPREME IN THE USA ! ONLY 27 AMENDMENTS FROM THE DAY IT WAS MADE ALMOST TWO CENTURIES BACK IS ENOUGH TO TALK OF ITS PRACTICALITY !
THE AMERICAN PRESIDENT APPOINTS THE NINE JUDGES OF THE SUPREME COURT,INCLUDING THE CHEIF JUSTICE FOR LIFE TIME TENURES , AFTER THE JUDGES ATTAIN A MAJORITY VOTE OF TWO THIRDS IN THE SENATE ! THE PROCESS OF DISAPPOINTMENT OF ANY JUDGE , MORE OR LESS, FOLLOWS THE SAME ROUTE. IT APPEARS THAT THE MOST POWERFUL APPOINTMENT ON EARTH THESE DAYS (THE US PRESIDENT) IS A MERE RUBBER STAMP IN THIS CRITICAL APPOINTMENT/S !!!
THE MOST IMPORTANT RESPONSIBILITY OF THE SUPREME COURT OF THE USA IS TO DECIDE CASES THAT RAISE QUESTIONS OF CONSTITUTIONAL INTERPRETATION.THE COURT DECIDES IF A LAW OR GOVERNMENT ACTION VIOLATES THE CONSTITUTION . THIS POWER KNOWN AS THE JUDICIAL REVIEW, ENABLES THE SUPREME COURT TO INVALIDATE BOTH FEDERAL AND STATE LAWS WHEN THEY CONFLICT WITH THE SUPREME COURT'S INTERPRETATION OF CONSTITUTION.JUDICIAL REVIEW THUS PUTS THE SUPREME COURT IN A PIVOTAL ROLE IN THE AMERICAN POLITICAL SYSTEM ,MAKING IT THE REFEREE IN DISPUTES AMONGST VARIOUS BRANCHES OF GOVERNMENT AND THE ULTIMATE AUTHORITY FOR MANY OF MOST IMPORTANT ISSUES IN THE COUNTRY .THEREFORE , WHETHER OR NOT TO CONSTRUCT THE KALA BAGH DAM WOULD HAVE BEEN APTLY DECIDED BY THE SUPREME COURT OF PAKISTAN , AND WHOSE DECISION WOULD HAVE BEEN FINAL AND ACCEPTED ACROSS THE BOARD HAD OUR JUDICIAL SYSTEM ALSO BEEN INDEPENDENT AS THE USA'S JUDICIAL SYSTEM .LIKEWISE,FOR OTHER DISPUTED NATIONAL ISSUES .
VERY VERY UNFORTUNATELY , IN OUR CASE THE REFEREE HAS PLAYED THE ROLE OF A SERVANT WHO HAS ALWAYS BEEN USED BY THE CHIEF EXECUTIVES FROM TIME TO TIME TO ENHANCE THEIR OWN POWER , POMP AND GLORY !!!! SAD !!! THE RESULT BEING A PERSONALITY ORIENTED SYSTEM CHANGING WITH THE CHANGE OF THE APEX PERSONALITY !!!! RESULTANT ........... A PERFECT CHAOS ! HOW CAN THE COUNTRY STAND STRONG IN SUCH A CHAOTIC SITUATION ? HOW CAN THIS CHAOS GIVE THE REQUIRED TRUST TO AN INVESTOR WHERE SAFETY OF HIS INVESTMENT CANNOT BE GAURANTEED IF THE APEX PERSONALITY CHANGES OR FOR THAT MATTER , THE GOVT CHANGES ?
MR.IMRAN KHAN HAS BEEN VERY VOCAL FOR THE LAST ABOUT TWELVE YEARS TO GET RID OF A PERSONALITY ORIENTED SYSTEM AND BRING ABOUT AN INDEPENDENT JUDICIARY .COULD HE FOR ONCE EDUCATE THIS NATION WHAT HE REALLY MEANS BY AN INDEPENDENT JUDICIARY AND HOW COULD IT COME AROUND ? OR DOES HE THINK ,LIKE MANY OTHERS , THAT RESTORATION OF DEPOSED CHEIF JUSTICE IFTIKHAR CHOUDHRY WOULD MERELY DO THE TRICK ?
I M 100% SURE THAT ALL ISSUES LIKE QUALITY EDUCATION, PRICE HIKE , BRIBERY,NEPOTISM, QUOTA SYSTEM , SOCIAL WRONGS AND TALK OF ANY , WOULD AUTOMATICALLY GET SETTLED AND THEN THE NATION WOULD WITNESS HEALTHY SIGNS IN ALL FEILDS . INVESTMENT BOTH LOCAL AND FOREIGN IS SURE TO SHOWER IN !
IF A PEASANT CAN AFFORD THREE HONORABLE MEALS A DAY FOR HIS FAMILY , CHEAP AND QUALITY EDUCATION FOR HIMSELF AND HIS CHILDREN ,HEALTH CARE FACILITIES , ABOVEALL , THE IMPARTIAL AND UNBIASED DOOR OF JUSTICE THAT HE COULD KNOCK AT , IN CASE JUSTICE IS DELAYED OR DENIED ; WHAT ELSE CAN HE ASK FOR ?
GOVERNMENT WITHOUT INDEPENDENT AND STRONG ININSTITUTIONS IS LIKE A BUILDING WITHOUT PILLARS ! THEREFORE ANY TYPE OR FORM OF EFFECTIVE GOVERNANCE CANNOT BE EXPECTED FROM SUCH A GOVERNMENT ! SIMPLY BELIEVING IN AN INDEPENDENT JUDICIARY DOES NOT BRING ABOUT THE SAME ; SOMETHING MEANINGFUL IS REQUIRED RATHER THEN JUST LIP SERVICE !
DUE TO THE VERY ABSENCE OF A CHECK AND BALANCE IN THE COUNTRY'S MAIN INSTITUITIONS A CHAOTIC SITUATION IS OBSERVED IN ALL WALKS OF LIFE . SOON AFTER ITS INCEPTION, THE RULERS HAVE DONE ALL TO BECOME THE ULTIMATE POWER.SO MUCH SO,THAT THEY THEMSELVES BECOME ' THE LAW' AND THE LAW FORMULATING BODY IS EITHER UNDERMINED OR INCAPACITATED , THEREBY.FOR EXAMPLE, MR.AYUB KHAN GAVE BIRTH TO 'AYUBISM' ,THEREAFTER , CAME BHUTTOISM.THEN ZIAISM.BHUTTOISM TOOK RE-BIRTH WITH MOHTARMA BENAZIR ZARDARI , COMMONLY KNOWN AS SHAHEED MOHTARMA BENAZIR BHUTTO . THEN CAME IN SHARIFISM ,WITH MR. NAWAZ SHARIF IN CHAIR . FOLLOWED BY MUSHARRAFISM WITH GENERAL PERVEZ MUSHARRAF AT THE HELM OF THE AFFAIRS ! WELL THEN, ITS MR. ASIF ALI ZARDARI NOW WHO CLAIMS TO RUN THE COUNTRY'S AFFAIRS ON THE GUIDELINES OF THE (late) ZULFIQAR ALI BHUTTO AND MOHTARMA BENAZIR BHUTTO ! '' ROTI , KAPRA AUR MAKAAN '' HAS ONCE AGAIN TAKEN RE-BIRTH. ITS YET TO BE SEEN THOUGH IN ALL THE THREE TENURES OF THE BHUTTO FAMILY , HOW MANY WERE BENEFITTED WITH THE FAMOUS SLOGAN AS ,BY THE WAY ! AMIDST ALL THE ' ISMS ' ONE HARDLY FINDS ANY BIT OF 'CONSTITUTIONALISM' AND 'INSTITUTIONALISM' ! ( CONSTITUTIONALISM --YES -- ONLY WHEN AND WHERE IT SUITES THEM).
LET ME ASK U A SIMPLE QS THE ANSWER OF WHICH IS OBVIOUSLY A 'NO'.
IS IT POSSIBLE FOR ANY SERVANT TO EXERCISE ANY 'MASTERY' OVER HIS MASTER ? N O . IF WE TAKE A CLOSE LOOK , WE FIND THAT OUR POOR CHIEF JUSTICE OF THE SUPREME COURT ( YES, THE JUDICIARY) IS THE SERVANT AND THE PRESIDENT, THE MASTER ! HOW CAN THERE BE A POSSIBLE CHECK AND BALANCE BETWEEN THE TWO INSTITUITIONS ; THE JUDICIARY AND THE ADMINISTRATION,WHEN THE MASTER CAN FIRE HIS SERVANT ANYTIME AT HIS WHIMS AND DESIRES ALONE ? IF WE TAKE A STOCK OF THIS SITUATION , WE COULD FOR SURE GET RID OF THE UMPTEEN NUMBER OF ISSUES AND PROBLEMS THE COUNTRY AND THE MASSES ARE FACING , ALIKE!
THE SENSIBLE WOULD OPINE THAT THERE IS ONLY ONE POSSIBLE SOLUTION TO THIS MENACE WE NOW ARE IN AS THE FIRST STEP TO A TOTAL CORRECTION , IF NOT NOW , PERHAPS THEN ( GOD FORBID) IT MIGHT B TOO LATE !WITHOUT THIS STEP , ALL OTHER STEPS TAKEN FOR THE REQUIRED CORRECTION ARE NOT LIKELY TO YEILD ANY RESULTS ANYWHERE IN ANY OF THE FIELDS . HOW ABOUT TALKING OF THE TENURES OF THE CHEIF JUSTICE AND THE COMPLETE BENCH IN OFFICE ? WHY NOT THINK OF APPOINTING THEM FOR LIFE TIME TENURES IN OFFICE THROUGH A CONSTITUTIONAL AMENDMENT ? WHATS WRONG IN IT ? GIVEN THE CONSTITUTIONAL STRENGTH TO THE JUDICIAL OFFICERS , COULD THE PRESIDENT NOW REMOVE THE CHIEF JUSTICE OR ANY JUSTICE OF ANY OF THE COURTS ? COULD THEY THEN BE INFLUENCED IN THEIR DECICIONS ? COULD A MARTIAL LAW EVER HI-JACK DEMOCRACY WHICH UNDER THIS SYSTEM COULD BE TERMED AS TRUE DEMOCRACY? ABOVEALL,COULD 58 2 (B) BE USED FOR VESTED INTERESTS ? AND THEN MOST IMPORTANTLY , COULD ANY PERSONALITY RISE ABOVE THE LAW ??? THE ANSWER TO ALL THESE QUESTIONS IS ' NEVER ' !!!! THEN WHY NOT THINK ABOUT IT AND THINK FAST !
LET US NOW TAKE A BREIF LOOK AT WHERE THIS SYSTEM IS ALREADY IN PLACE AND A PROPER CHECK AND BALANCE PREVAILS BETWEEN THE ESSENTIAL INSTITUTIONS OF THE GOVERNMENT . NO WHERE ELSE BUT THE UNITED STATES OF AMERICA !!!!!!
THE CONSTITUTION REIGNS SUPREME IN THE USA ! ONLY 27 AMENDMENTS FROM THE DAY IT WAS MADE ALMOST TWO CENTURIES BACK IS ENOUGH TO TALK OF ITS PRACTICALITY !
THE AMERICAN PRESIDENT APPOINTS THE NINE JUDGES OF THE SUPREME COURT,INCLUDING THE CHEIF JUSTICE FOR LIFE TIME TENURES , AFTER THE JUDGES ATTAIN A MAJORITY VOTE OF TWO THIRDS IN THE SENATE ! THE PROCESS OF DISAPPOINTMENT OF ANY JUDGE , MORE OR LESS, FOLLOWS THE SAME ROUTE. IT APPEARS THAT THE MOST POWERFUL APPOINTMENT ON EARTH THESE DAYS (THE US PRESIDENT) IS A MERE RUBBER STAMP IN THIS CRITICAL APPOINTMENT/S !!!
THE MOST IMPORTANT RESPONSIBILITY OF THE SUPREME COURT OF THE USA IS TO DECIDE CASES THAT RAISE QUESTIONS OF CONSTITUTIONAL INTERPRETATION.THE COURT DECIDES IF A LAW OR GOVERNMENT ACTION VIOLATES THE CONSTITUTION . THIS POWER KNOWN AS THE JUDICIAL REVIEW, ENABLES THE SUPREME COURT TO INVALIDATE BOTH FEDERAL AND STATE LAWS WHEN THEY CONFLICT WITH THE SUPREME COURT'S INTERPRETATION OF CONSTITUTION.JUDICIAL REVIEW THUS PUTS THE SUPREME COURT IN A PIVOTAL ROLE IN THE AMERICAN POLITICAL SYSTEM ,MAKING IT THE REFEREE IN DISPUTES AMONGST VARIOUS BRANCHES OF GOVERNMENT AND THE ULTIMATE AUTHORITY FOR MANY OF MOST IMPORTANT ISSUES IN THE COUNTRY .THEREFORE , WHETHER OR NOT TO CONSTRUCT THE KALA BAGH DAM WOULD HAVE BEEN APTLY DECIDED BY THE SUPREME COURT OF PAKISTAN , AND WHOSE DECISION WOULD HAVE BEEN FINAL AND ACCEPTED ACROSS THE BOARD HAD OUR JUDICIAL SYSTEM ALSO BEEN INDEPENDENT AS THE USA'S JUDICIAL SYSTEM .LIKEWISE,FOR OTHER DISPUTED NATIONAL ISSUES .
VERY VERY UNFORTUNATELY , IN OUR CASE THE REFEREE HAS PLAYED THE ROLE OF A SERVANT WHO HAS ALWAYS BEEN USED BY THE CHIEF EXECUTIVES FROM TIME TO TIME TO ENHANCE THEIR OWN POWER , POMP AND GLORY !!!! SAD !!! THE RESULT BEING A PERSONALITY ORIENTED SYSTEM CHANGING WITH THE CHANGE OF THE APEX PERSONALITY !!!! RESULTANT ........... A PERFECT CHAOS ! HOW CAN THE COUNTRY STAND STRONG IN SUCH A CHAOTIC SITUATION ? HOW CAN THIS CHAOS GIVE THE REQUIRED TRUST TO AN INVESTOR WHERE SAFETY OF HIS INVESTMENT CANNOT BE GAURANTEED IF THE APEX PERSONALITY CHANGES OR FOR THAT MATTER , THE GOVT CHANGES ?
MR.IMRAN KHAN HAS BEEN VERY VOCAL FOR THE LAST ABOUT TWELVE YEARS TO GET RID OF A PERSONALITY ORIENTED SYSTEM AND BRING ABOUT AN INDEPENDENT JUDICIARY .COULD HE FOR ONCE EDUCATE THIS NATION WHAT HE REALLY MEANS BY AN INDEPENDENT JUDICIARY AND HOW COULD IT COME AROUND ? OR DOES HE THINK ,LIKE MANY OTHERS , THAT RESTORATION OF DEPOSED CHEIF JUSTICE IFTIKHAR CHOUDHRY WOULD MERELY DO THE TRICK ?
I M 100% SURE THAT ALL ISSUES LIKE QUALITY EDUCATION, PRICE HIKE , BRIBERY,NEPOTISM, QUOTA SYSTEM , SOCIAL WRONGS AND TALK OF ANY , WOULD AUTOMATICALLY GET SETTLED AND THEN THE NATION WOULD WITNESS HEALTHY SIGNS IN ALL FEILDS . INVESTMENT BOTH LOCAL AND FOREIGN IS SURE TO SHOWER IN !
IF A PEASANT CAN AFFORD THREE HONORABLE MEALS A DAY FOR HIS FAMILY , CHEAP AND QUALITY EDUCATION FOR HIMSELF AND HIS CHILDREN ,HEALTH CARE FACILITIES , ABOVEALL , THE IMPARTIAL AND UNBIASED DOOR OF JUSTICE THAT HE COULD KNOCK AT , IN CASE JUSTICE IS DELAYED OR DENIED ; WHAT ELSE CAN HE ASK FOR ?
GOVERNMENT WITHOUT INDEPENDENT AND STRONG ININSTITUTIONS IS LIKE A BUILDING WITHOUT PILLARS ! THEREFORE ANY TYPE OR FORM OF EFFECTIVE GOVERNANCE CANNOT BE EXPECTED FROM SUCH A GOVERNMENT ! SIMPLY BELIEVING IN AN INDEPENDENT JUDICIARY DOES NOT BRING ABOUT THE SAME ; SOMETHING MEANINGFUL IS REQUIRED RATHER THEN JUST LIP SERVICE !
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