Thread: Doctrine of Judicial Review & Its Reins
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Old Friday, June 22, 2012
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Originally Posted by rose_pak View Post
Yes it is a mess. But dont forget, SC is the only institution which can interpret the constitution. I am sure the SC does not consider presidential immunity as an absolute one. That is why the gov't has been reluctant to make shelter behind this shield. I personally think there must not be absolute immunity.

I believe the way the SC has disqualified the PM was not fair but had their any morality factor in Pak politics the President would have resigned after the NRO was annulled. PM Gillani would have resigned after his cabinet minister of commerce was accused of corruption in NICL scame, his minister for water and power was accused in RPP case, his minister for religious affairs was accused in Haj scam.

So morality or ethics are not the factor in pak politics. If we see the SC order in this background, there seems sanity in its judgement. But still it is mess!!!!
Just tell me one thing. Does Article 248 put any restriction on the immunity granted to the office of the president?

Like you are against the absolute immunity, I'm totally against the immunity at all. But I'm just debating over a principle i.e. if the supreme law of the land does contain such a provision then the apex institution for taking care of law & justice must uphold that provision.

The parliament may at any stage legislate and do away with the immunity granted to the office of the president. SC cannot legislate on the issue or amend the constitution.


Regards,
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