Military intervention !! A lesson not learned ?

[forcetrip]

im not familiar with what the supreme court can actually do in case it has to call in the army. anyone care to shed some light on it.

 

[VCheng]

im not familiar with what the supreme court can actually do in case it has to call in the army. anyone care to shed some light on it.

I do not think calling in the army is a legal option, unless a contrived "doctrine of necessity" is cobbled together, which is again dubious.

 

[Leader]

You are correct that the Supreme Court can intervene, but it has only constitutional avenues open to it. Inviting "intervention" is not one of them.

I think SC can invite to enforce its decisions, nothing else is constitutional...


P.S. confirmed, this is the only thing SC can order.

 

[VCheng]

I think SC can invite to enforce its decisions, nothing else is constitutional...


P.S. confirmed, this is the only thing SC can order.

Well, you make a fair point, but under the Constitutional counter-argument, the Executive has its own prerogatives to appoint and remove its officers. Similarly, how can the Army intervene in ordering the Executive, to which it is subjugated by the very same Constitution, to to do anything?

 

[forcetrip]

so if the government fails to honour the sc's orders the army can be called in to implement that particular mandate?

 

[VCheng]

so if the government fails to honour the sc's orders the army can be called in to implement that particular mandate?

There is no such provision that can be invoked legally.

Chapter 2 of PART XII of Pakistani Constitution defines the purpose of the Army as "defending Pakistan against external aggression or threat of war, under the directions of the Federal Government", that is all.

 

[forcetrip]

So who will the SC coordinate if the government goes against it? The purpose of the three branches is to check and balance each other.

 

[VCheng]

So who will the SC coordinate if the government goes against it? The purpose of the three branches is to check and balance each other.

The three branches of government are the Legislative, Executive and Judiciary. The Army is subservient to the Executive, and thus not a separate branch of government.

The SC and the Executive need to sort out their communications. If all else fails, the Legislative branch can amend the laws, and even the Constitution, according to prescribed procedures, to resolve issues.