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 !
Thursday, October 9, 2008
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wowwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww!
this is great !!!
i must say this is a thought in the right direction and aboveall at the right time . over the years i have been thinking too as to why this nation blessed with wonderful brains has not been able to capitalise on the said capability . i got the answer through mr. justice , when i did my bit of research on it i found him absolutely right . i only wish that the people who get to read these lines are the people who matter and i also wish they understand and realise the fact that a strong an independent judiciary ,the one described by mr. justice ,actually strengthens the nation too inclusive of all the mnas and the mpas and disables the non-democratic forces frm adventuring and venturing into the politics of the country.i esp liked the question asked if in presence of the said form of judiciary could there ever b a martial law ; my answer is definitely a 'no'.one thing more that mr justice needed to mention in his blog which i found most appropriate to mention here is that this is the ONLY way to bring about an independent election commission which could put a bar or filter the unwanted candidates from contesting the elections and bring about those faces those deserve to b in the assemblies , who are educated and who have a vision and the foresight rather then the same faces revolving every time around . the other thing which is sure to happen is the one liner written in there saying ,and i too would support saying,the much needed foreign investment is sure to shower-in rather then the need to go around a begging trip around the world !truely said ...... how can a foreign investor trust the system where trends ,customs , thinking and laws change with the change in apex PERSONALITY.well done mr.justice!
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