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- Title
Supreme Court Judgment in 21<sup>st</sup> Constitutional Amendment and Pakistan Army (Amended) Act 2015 Case - Implications for National Security of Pakistan.
- Authors
Iqbal, Zafar; Choudhry, Ishtiaq Ahmad
- Abstract
There is no exception to the proposition that both national security and enforcement of fundamental rights carry prime significance to ensure sovereignty of any nation. However, conduct and responsibilities of the security and judicial organs of the states have not been observed in sink with each other. Instead of complementing each other, they have been found confronting each other. They have been observed egoistic and considering the other as less loyal to the state or violator of the constitution. This is an unpleasant trend, which is required to be controlled by confidence building measures and augmenting each other in the larger national interests. The delicate balance between the national security and enforcement of fundamental rights, more specifically safeguards as to arrest and detention, right to fair trial and due process, protection against double jeopardy and dignity of man, cannot be made except with the mutual understanding and respect for each others domain as well as realization of collective responsibility towards national security and inalienable rights of the people to be treated in accordance with law and enjoy the protection of law. This balanced approach has been observed to a certain extent in the judgment delivered by the Supreme Court on August 5, 2015 in the cases against "21st Constitutional Amendment" and "Pakistan Army (Amendment) Act 2015". The Supreme Court neither declared the said amendments ultra vires the constitution nor did it forego its right of judicial review in a fit case; and thereby recognized Parliamentary supremacy and role of the Armed Forces in the national security and to exercise judicial powers within the limited scope while acting in aid of civil power and the judiciary, without supplanting it. It is now imperative for all the state organs and their subordinate functionaries to act justly, fairly and in accordance with the space created in law to ensure peace, stability, integrity, unity, respect, tolerance, fraternity and order in the society. It is only enforcement of the law and not merely the legislation which may pave the path for restoration of peace and meet the challenges of faced by the national security of Pakistan.
- Subjects
PAKISTAN; LEGAL judgments; CIVIL procedure; MILITARY law; NATIONAL security laws; CONSTITUTIONAL amendments; ARMED Forces
- Publication
Pakistan Vision, 2017, Vol 18, Issue 1, p13
- ISSN
1681-5742
- Publication type
Article