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Pak CJ says Constitution is 'supreme entity' in country, not parliament | Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has said that the
constitution, and not parliament,
was the supreme entity in the country and Article 8 of the constitution empowered
the Supreme Court to strike down any legislation, which encroaches upon the basic
rights of the citizens. According to the Daily Times, the chief justice, while
addressing a lawyers' ceremony at the Supreme Court Karachi registry, referred
to a "misconception in the minds of people regarding supremacy of parliament"
and said that it was the constitution, which expressed and embodied the will of
the people. Iftikhar further said that the Supreme Court was fully empowered to
strike down any law, which was in conflict with the constitution and emphasised
that it was time, after 65 years of independence, that "we free ourselves from
the shackles of obsequious intellectual servility to colonial paradigms and start
adhering to our constitution". "We should only examine our own constitution to
ensure that the will of the people prevails, which is the very essence of a democratic
system," he added. Referring to Article 190 of the constitution, which binds all
executive and judicial authorities throughout Pakistan to act in the aid of the
Supreme Court, he emphasised on the need for an independent judiciary in the country
and said that only a free and independent judiciary could ensure the will of the
people being enforced in its true spirit. The chief justice further said that
law is equal for every citizen of the country irrespective of status and position
and emphasised that the constitution was to be followed, preserved and protected
at all costs.
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