Constitutionalism imposes certain restrains on the arbitrary exercise of power by the state organs to help facilitate in establishing good governance and the use of arbitrary power is considered anathema to the rule of law. Chief Justice Iftikhar Muhammad Chaudhry made these remarks on Thursday while addressing a farewell party arranged in the honour of Justice Javed Iqbal, senior most judge of the Supreme Court, who is retiring on July 31.
The correlation between constitutionalism and the rule of law lies in the fact that constitutionalism provides a minimal guarantee of personal safety, security, dignity, liberty, equality and enjoyment of property. The chief justice said that democratic governance is based on the constitutional structure of separation of powers linked with a system of checks and balances, thereby furnishing of level-playing field to all the State institutions and their functionaries to perform functions for the greater good of the masses.
An independent and impartial judiciary plays a key role towards checking constitutional deviations by any institution. Under a democratic system, law is always supreme as against exercise of arbitrary or capricious authority by any institution or its functionary.
The CJP said the administration of justice is very sacred and virtuous responsibility as whoever performs this responsibility with honesty and devotion gets great rewards from Allah Almighty in this world as well as in the world hereafter. Justice Javed Iqbal said, "An independent judiciary is a known trait of any democratic system. The three organs of the State, ie, the Legislature, the Executive and the Judiciary, have been given a definite mandate and roles to be played in their respective sphere."
He said the judges are expected to assert their role to protect the rights of individuals against arbitrariness, misuse of powers and abuse of authority. The prosperity, strength and solidarity of Pakistan revolve around Constitution and rule of law. He said due to a few historic judgements by the Supreme Court no one now could think to abrogate or suspend the Constitution, which is a sacred document. "It is my sincere desire that there should be no confrontation between Judiciary and Executive," he said.
Asma Jahangir, President Supreme Court Bar Association, paying tribute to Justice Javed Iqbal referred Khurshid Anwar Bhinder case and said it was a contentious judgement. Addressing Justice Javed Iqbal she said that he was entrusted with an important task of heading the Abbottabad Commission. "Members of the Commission who are showing their true khaki colours are posing a challenge to this enquiry."
Lateef Afridi, Vice-Chairman Pakistan Bar Council, said again it has been witnessed that the orders of the Supreme Court are not being honoured and obstacles are created in its way. He said: "We can neither accept defiance of superior judiciary's orders nor would ever like the reversal of independence of judiciary and we will fight all those who come in the way of independence of judiciary, rule of law and supremacy of constitution." Attorney General for Pakistan Maulvi Anwar-ul-Haq also addressed the gathering.