Constitutional Court why not in Pakistan? Ch Tanveer Akhtar

In any democratic country, the constitution serves as the supreme law of the land. It defines the principles, powers, and limitations of the government, as well as the fundamental rights and duties of its citizens. In order to effectively uphold and interpret the constitution, it is essential to have an independent court for constitutional matters.

In Pakistan, this role is currently fulfilled by a bench in the Supreme Court. However, many argue that establishing a separate constitutional court in the country is necessary for effective and unbiased interpretation of the constitution.

The idea of an independent court for constitutional matters is not a new one. Many countries around the world, including India, Germany, and South Africa, have established separate constitutional courts to safeguard the principles of their respective constitutions.

These courts have proven to be crucial in ensuring the protection of constitutional rights, maintaining the balance of powers, and upholding the rule of law.

In Pakistan, the Supreme Court is the highest judicial authority and hears all types of cases, including constitutional matters.

However, the court’s vast jurisdiction and workload often result in delays in deciding constitutional cases, which can have serious implications for citizens’ rights and the functioning of the government.

Furthermore, the Supreme Court is not exclusively dedicated to constitutional matters, which can sometimes lead to decisions that are not in line with the principles of the constitution.

Establishing a separate constitutional court in Pakistan would address these concerns.

This court would be exclusively dedicated to handling constitutional matters, ensuring timely and efficient resolution of cases. It would also allow for a more focused and in-depth analysis of constitutional issues, leading to more consistent and coherent decisions.

Moreover, an independent constitutional court in Pakistan would bring about greater transparency and accountability in the judicial system.

The judges of this court would be appointed through a rigorous and transparent process, ensuring their independence and neutrality.

This would prevent any political interference in the court’s functioning and decision-making process, thereby upholding the judiciary’s integrity and credibility.

Another important aspect of a constitutional court is its power to strike down any legislation or government action that goes against the principles of the constitution. This serves as a check on the powers of the legislative and executive branches, ensuring that they do not overstep their constitutional limits.

In Pakistan, where the balance of powers has often been a contentious issue, a constitutional court would play a crucial role in upholding the principle of separation of powers.

Furthermore, a separate constitutional court would also allow for a more diverse representation of judges. Currently, the Supreme Court is dominated by judges from the higher echelons of the legal profession, often coming from elite backgrounds.

A constitutional court, on the other hand, would have a broader pool of judges, including those with expertise in constitutional law and human rights, ensuring a more inclusive and diverse perspective in decision-making.

In conclusion, the establishment of an independent constitutional court in Pakistan is crucial for the effective interpretation and protection of the constitution.

It would not only ensure timely and efficient resolution of constitutional matters but also bring about greater transparency, accountability, and diversity in the judicial system.

It is high time for the government and the judiciary to seriously consider the need for a separate constitutional court and take concrete steps towards its establishment.

Note: This is the view of Ch Tanveer Akhtar Finance Secretary of Supreme Court Bar Association (SCBA)