18/09/2024
Title: Basic Structure (Salient Features) of the Constitution of Pakistan
The Constitution of Pakistan lays down the framework for the political and legal structure of the state. It establishes key principles such as federalism, democracy, parliamentary sovereignty, and the separation of powers. Supreme Court judgments have upheld that these foundational principles cannot be altered, as they form the basic structure of the Constitution. Such a basic structure can only be replaced with a new constitution enacted by a new constituent assembly because Article 239 of our constitution only allows the parliament to amend the existing constitution; It does not give blanket power to eliminate the Fundamental Rights, Islamic provisions, Federal system, judicial independence etc. So, Parliament is supreme but not beyond the constitution's ambit, which the framers envisaged in 1973. A new judicial structure is repugnant to the very essence of our constitution.
Salient Features: District Bar Association Rawalpindi Case
This landmark case reaffirmed that the Constitutionโs basic structure cannot be amended beyond such scope, even by a parliamentary majority.
Key features highlighted in the judgement include:
Democracy and parliamentary form of government.
Independence of the Judiciary.
Fundamental Rights
Islamic provisions in line with Pakistan's identity.
Federalism and the division of powers between provinces and the central government.
The judgement emphasises the Constitution as the supreme law of the land.
Independence of the Judiciary
The independence of the judiciary is a cornerstone of Pakistanโs constitutional structure.
It ensures that the judicial branch operates free from executive or legislative interference.
Key Supreme Court rulings have reinforced this principle, protecting the judiciary's role as a guardian of constitutional rights.
Itโs crucial for the rule of law and the protection of fundamental rights.
The basic structure of the Constitution (salient features) and Separation of Powers
The separation of powers divides the responsibilities of government into three branches:
Legislative (makes laws)
Executive (implements laws)
Judiciary (interprets laws)
This structure is designed to maintain a system of checks and balances, preventing any one branch from becoming too powerful.
Supreme Court judgments emphasise that each branch must respect the limits of its authority, ensuring effective governance.
