I am sorry i could not understand your question well. This supreme thing is confusing us all. Okay, we all agree that Allah is Supreme in the sense that sovereignty lies with him. Now, the problem is that who is going to interpret His Sovereignty? Who is going to ensure that His Will(Shariah) is being followed in Pakistan with respect to laws and legislation? There are two institutions that can be entrusted with such powers(a) Judiciary (b) Parliament.

I stand for parliament. Why? The reasons are there in my previous posts.

I mean is'nt the Supreme Court, the finally consulted institute that can over ride the amendments made by parliment, can null n void the legislations and direct the parliment to look into the issue again and that the Supreme Court is the only which is there to translate the laws and constitution, hence i believe its proved logically that the Supreme Court is supreme than that of parliment.

You know, there are two types of legislation (a) ordinary legislation jiss may 2/3 majority nahi chahiye hoti. (b) Constitutional Amendment jiss kay liye 2/3 majority chahiye hoti hay.

I agree kay ordinary legislation may Supreme Court ko final authority honi chahiye aur agar sahi lagay tu parliamentary legislation ko null and void declare kar day.

But constitutional amendment doosri cheez hay. is may apko 2/3 majority chahiye hoti hay parliamentarians ki. So itni big majority kay baad judicial review nahi hona chahiye. Is liye may keh raha hon kay 18th Amendment ko Supreme Court ko review nahi karna chahiye.

no Sir I darely don't agree with that...Now supreme court have saved the verdict for the 18th amendement... NONE said so, any where on TV channels and newpapers that Supreme court can't do that except some PPP leaders! and now the final decission will be of the courts!

I wish I could change your point of view.....

thx

Although Supreme court is vested with the power of judicial review of legislation, and courts across the globe have used this power occasionally .However use of this power, is a controversial issue and termed as an encroachment on the domain of Parliament by the critics. Moreover courts does not use this power quite often.

I myself believe that every institution of state must restrict it self to its constitutional jurisdiction.Judicial review is actually a protection to the constitution in extreme circumstances.For example if the elected assembly ,through alterations in constitution , change the democratic dispensation in to a monarchy and the ruling party wields the required majority to pursue its objective , Supreme court is last resort to avert such situation.However this is a mere an imaginative situation ,with a remote possibility.

One thing more , besides the constitution ,there are certain universally accepted norms that needs to observed for smooth functioning of the system.For example . the head of sate can grant reprieve to any individual convicted by court. However such a power is rarely used .If President start granting pardon to every convicted ,though with in the constitutional limits, the criminal justice system of state will collapse.

Likewise If these both institutions follow the route of conflict, the entire structure will be eroded. Supreme court consist of 17 judges who can just pass orders whereas the implementation rests with the executive branch.Just imagine , if executives refuse to obey the orders of court ,what kind of situation will arise?Or ,for instance, parliament make amendment in constitution that sack all the judges and require new appointments to be made? The situation will be like this: Govt will immediately make the new appointments while sending the incumbent judges to home.If this piece of legislature is challenged in the court, it is highly unlikely that the new judges will abrogate this law.

In the given circumstances ,the supreme court ,should respect the will of parliament. The conflict will only destabilize the system ,that Pakistan can not afford at this critical juncture of the history. Politicians are undoubtedly highly disapproved part of our society. But where the judges stand? Have they not committed treason while defying the constitution and granting legitimacy to dictatorial regimes? What if parliament pass resolution that any judge who ever took oath under PCO should not hold the office of judge? Leave all things aside, will there be any moral flaw in such enactment?Obviously not.Therefore ,common sense must prevail and every institution should limit itself to its legal boundaries devised by the constitution while respecting the mandate of other institution.

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Hoee hay jab say mukhalif hawa zamanay key......
Humain bhee dhun see hoee hay diaa jalaanay key

Both insitutions have their own place in society but these days supreme court wants to become the superior institution of Pakistan,it even rejected the decisions and amendemt passed by the representative govt..this tendency is really alarming and could create a clash between Parliament and judiciary in the coming days..
@Miss Saleeqa Batool!you are absolutely right,every institution should work under its boundaries.
Regards

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Fight for your dreams & your dreams will fight for you.

I agree that every institution should work under its boundaries otherwise a destructive clash gona happen which ultimately give the right to the army to walk with long boots in the capital. My question remains unanswerable ,WHICH INSTITUTE IS THE SUPREME? Dear members tell me what our constitution says about the supremacy of the parliament and the apex court. Today Babar Aiwan said that the parliament have right only to amend in the constitution. Yes. He is right but can the supremer court annul a clause of the constitution?

Regards

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*parliament has

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Try not to become a man of success but a man of value.

quite agree with some of your concepts saqeela! but most of that you have pointed out the situation which is known as "Bloody Revolution" (well i personally believe is the solution of our crisis) and in revolution the supremecy goes to the rebellions only and nothing else stands!!

Keep your fingers crossed! The supreme Court has reserved the judgment in this case. It is surely going to be the Biggest Judgment in Pakistan's history. It will decide this question of yours: Which institution is supreme?

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There will always be a You-like hole in my life.

I believe that I have proved it logically above in this thread that the final conulted institution is the supreme court and my other arguments also supports my opinion and hence the apex court becomes the most highly supreme institute. Other than that it depends on the circumstances and situations that who will prove himself suprerior either the apex court or the parliment!
Responding to your last line that whether the apex court can annul any of the clause of the constituton, my observations, as an administration is a case-study approach which is as it again depends on the case-study that does the clause made nul n void by the apex court truely reflects the islamic laws, emotions of the civil society and the people of pakistan? Then the answer will be NO, the courts can not do that! In this scenario a presidential reference can be filled against the CJ and if on the other hand, the CJ annul the clause that was against islamic rules and does not reflects the sentiments of the civil society and the people of pakistan than its possible for the apex court to shun the clause/section/order.
These days we are experiencing the best example of tug of war between these two institutions (NRO, NRO implementation case, 18th amendement case, judges restoration executive order - somo notice etc) for survival of their rival and soon you will realize that who WINS! and you will get a practical proof regarding the supremecy with respect to my arguments.