The Constitution must prevail – Latest News – The Nation

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A bench of 5 members of the Supreme Court of Pakistan (the “SC”) learned of the unconstitutional act of the Speaker/Vice Speaker of the National Assembly when they created obstacles to vote for the motion of no confidence in accordance with the Constitution. Given the unconstitutional behavior of the vice president in not allowing the vote until midnight on April 9, the SC had no choice but to be seen intervening. Any departure from the Constitution would amount to invoking the doctrine of necessity. Pakistan has a history where the Constitution and the rule of law have been trampled on, too often, with disastrous consequences for the country, starting in 1955.

It was Quaid’s priority that the first Constituent Assembly, charged with drafting and adopting a constitution upon which the foundations of a modern democratic welfare state were to be laid, be formed on August 11, 1947, nearly three days before official independence from Pakistan on August 14. 1947. Yet despite the Father of the Nation’s clarity that Pakistan would be a modern democratic welfare state for all citizens, the first Constituent Assembly was dissolved on October 24, 1954. The dissolution was challenged by Maulvi Tamizuddin before the High Court of Sindh which declared it illegal. The case came to the SC where Judge Munir ruled that “necessity knows no law” in 1955.

This decision was based on a 2000-year-old ancient Roman law that had no legal status in the Constitution. Since then, Jinnah’s Pakistan has been a victim of fascism and abuse of power.

MALIK TARIQ ALI,

Lahore.


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