Tuesday, 28 June 2011

Control Over Lower Courts; No move to restore SC's authority, Govt seeks to retain power

The hope for effective separation of the judiciary from the executive branch of the state seems to have waned as it is now clear that the upcoming constitutional amendment will not restore two related articles to their original 1972 positions.

The Supreme Court in a landmark verdict on the constitution's fifth amendment sought restoration of articles 115 and 116 to their original positions for a meaningful separation of the judiciary from executive branch.
But the constitutional amendment bill placed in the parliament on Saturday did not make any proposal to restore the two articles to their original positions, as the government seeks to retain its control over the lower judiciary, sources said.

Rather, the changes brought to these two articles by the constitution's fourth amendment and martial law proclamations are set to remain unchanged according to the proposals approved by the cabinet.
The bill was prepared in line with the recommendations of the parliamentary special committee on constitutional amendment.