Parliament cannot make law conflicting with Constitution: CJP

[war&peace]

Can you smell the hunger for more and the Greed hidden in the manifesto?

With the astronomical wealth that both Nawaz and Zardari have amassed ruling Pakistan over the years. There is still a golden bird still out of reach and to be had sometime in the near future...no small prize too:

The precious metal and mineral mines of Balochistan.

Makes Karachi Steel Mill and PIA look like peanuts.

Their ultimate goal is to compromise the sovereignty and sell the nation at a flat rate like the British did with Kashmir. BTW some part of this nation actually deserves it. They have been slaves and slavery has entered into their genes and they can't think beyond that even if someone rapes their women and children, kills them publicly and insults their religion...they are the vile and uneducated people. They really deserve to be mauled by Colonel Harry Dyer.

 

[koolio]

Breaking news Election act struck down

 

[Shane]

Breaking news Election act struck down

Was busy with life and just saw your message. Despite the smoke screen of PMLN aggression and pressure tactics, sanity, rule of law and constitution prevails, AlhamduliAllah!

 

[koolio]

Was busy with life and just saw your message. Despite the smoke screen of PMLN aggression and pressure tactics, sanity, rule of law and constitution prevails, AlhamduliAllah!

This was expected the election act 2017 was illegal, despite his conviction was allowed to make political decisions, expect more wrath from SC, they will surely put pmln straight

 

[Shane]

This was expected the election act 2017 was illegal, despite his conviction was allowed to make political decisions, expect more wrath from SC, they will surely put pmln straight

The government and the disqualified leader of PMLN along with his cronies tried to make it a chicken and egg debate, whereas, it is stipulated in the constitution that parliament can only legislate laws that are not in conflict with the constitution itself:

There are thus four main restrictions on the legislative powers of parliament.
1) It cannot, except when a proclamation of emergency is in force, legislate on provincial subjects; and its laws cannot be incompatible with:
2) fundamental rights,
3) Islamic injunctions and
4) the basic character of the constitution itself.

 

[ghazi52]

 

[Shane]

They have been slaves and slavery has entered into their genes and they can't think beyond that even if someone rapes their women and children, kills them publicly and insults their religion...they are the vile and uneducated people

I agree with the above part of your post but don't you think you went overboard with Jallian wala Bagh analogy.

 

[war&peace]

I agree with the above part of your post but don't you think you went overboard with Jallian wala Bagh analogy.

Sometimes it is necessary to incorporate a bit of history. If people keep drilling holes in the bottom of the boat while a few keep putting their fingers to stop the inflow of water, at some point the fingers will not be enough to plug all the holes and the boat will eventually sink. Happened to Pakistan in 1971 and USSR in 1991. Sins accumulated by a large number of individuals, if not rectified on time, would result in a tragic catastrophe over time.

 

[Shane]

Sometimes it is necessary to incorporate a bit of history. If people keep drilling holes in the bottom of the boat while a few keep putting their fingers to stop the inflow of water, at some point the fingers will not be enough to plug all the holes and the boat will eventually sink. Happened to Pakistan in 1971 and USSR in 1991. Sins accumulated by a large number of individuals, if not rectified on time, would result in a tragic catastrophe over time.

These historic references I have no argument against...you the force is strong with here.

You are absolutely correct in your inference. Thank you for expanding on your earlier post.

This latest decision shows that our superior court is on the right path and the coming CJs are sure to continue to tighten the screws on the corrupt lot across the board.

 

[undercover JIX]

i Came across this, please review and Section 5 and 6 is very surprising to me .....

Part XI: Amendment of Constitution
238 Amendment of Constitution.
Subject to this Part, the Constitution may be amended by Act of 635[Majlis-e-Shoora (Parliament)] 635.

636[
239 Constitution Amendment Bill.
(1) A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House.

(2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall, subject to the provisions of clause (4), be presented to the President for assent.

(3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had originated, and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall, subject to the provisions of clause (4), be presented to the President for assent.

(4) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.

(5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever.

(6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend any of the provisions of the Constitution.


http://www.pakistani.org/pakistan/constitution/part11.html

 

[Joe Shearer]

Hmmm. J? I do know about it A R Cornelius our fourth chief justice ( I would like to meet a lawyer in Pakistan who doesn't know his name. The man is a legend. Too bad his deeds and fight for Pakistan finds not a sentence in Pakistan history books)

....as in Cornelius J(ustice). For several judges, Shelat and Hegda, JJ. His real initials are A. R., as you have already pointed out.

Do point where you disagree and what do you think what hampered the legislative development of the state and the constitutional evolution of institutions?

LOL

I meant the exact opposite.

I meant to point out that one of the influences on these judgements of the Supreme Court of India was Cornelius; Pakistan was setting the pace at one time. What went wrong is another question, one for real experts, one for the next century to determine.

Tss ufff.

Yeah don't think our current govt can do anything even near that. It would open a Pandora's box and the media will pounce on it, the opposition will relish it, the people will criticize and then the army chief will end up making a statement which will create more buzz...

But I believe that they have started giving judgements already on the cases they have been reviewing, and the judgements are conservative of the Constitution.