Talk on Judicial Activism

"For the stability and prosperity of a country Parliament, Bureaucracy and Judiciary must be on one page"
The School of Political Sciences of Minhaj University Lahore organized a talk on JUDICIAL ACTIVISM on April 26th with honorable guest speaker Mr.Hamid Khan Advocate, a renowned writer, former President Supreme Court Bar and Association & Pakistan Bar Council member.
Dr.Allqama kawaja,Dean of Social Sciences while uttering words of thanks for the honorable guest said,’’Mr.Hamid Khan besides holding a portfolio of law is also a proficient educationist. He is here to share his valuable experiences and to give awareness about the Judiciary System of Pakistan.’’
Mr. Hamid Khan stated, ’the state is divided into three dimensions: Parliament, Bureaucracy and Judiciary. The duty of judiciary is not only to look for justice and take decision; but, also to be the custodian of constitution and to ensure its implementation. The major cause of civil war in America was that slavery was part of constitution. Nobody was having right to interfere in the matter of Master & Slave. Considering this cause of civil war, the constitution was amended and clause of slavery was discarded leading to the activation of judiciary activism. In constitutional legislation such causes were amended which were provoking racial prejudice and grudge. But still racial prejudice is considerably prevailing there.’’
He further added, ’Judicial Activism and Democracy are part & parcel of each other. Countries where there is king Ship, the system of judiciary review is simply un-concieveable.Judiciary cannot work impartially under the regime of king ship. It is Judicial Review which gives birth to Judicial Activism.’’
He quoted, ’If we go back late into 70’s and have a look at the dispute of Prime Minister of that time Indira Qandi,she was no doubt selected democratically but her contemplation and policies were that of dictatorship. Thus, judiciary of India raised a voice against her. The parliament of that time tried their level best to paralyzed the judiciary by passing a bill that whatever amendment will be made in constitution the judiciary will not object to it. The matter was taken up to the Supreme Court and finally it was declared that judiciary cannot be suffocated in any manner. Judiciary can challenge any decision of the parliament. Let us take another example, in America since Donald Trump, President resumed the power the judicial activism is sharply activated as the polices of the Donald Trump are not promoted publically specifically the one related to immigration.’’
He while speaking about Pakistan said, ’Judiciary Activism is also strangled, not given a fair chance to flourish. The major bottle necks are the Marshall laws. But in this respect, the agitation by the layers’ association made the dictator ship system succumbed down to judiciary. Thus, in year 2015 Military Courts were introduced through judiciary constitution &legislation.”
“On the contrary the Judicial Activism has also some negative aspects. In this respect ,we can take matters of Pakistan Steel Mills and reserves of Rekodiq.We are upon sufferance due to this and are paying for it. The system of Judiciary Activism cannot ascertain public issues in a larger scenario but can review the issues with shortsightedness. The real benefit of judicial activism is when a common man is benefited from it. When the parliament and administration are at default then judiciary wedges in for accountability. But for the stability and prosperity of a country Parliament, Bureaucracy and judiciary must be on one page. Without that even the system of judicial activism may stumble down.’’
While commenting on the role of NAB he remarked that the performance of this institute has never been commendable up to the mark.
Dr. Muhammad Shahid Soroya,Pro-Vice Chancellor, expressed his gratification to Mr.Hamid khan for being at Minhaj University and said,’’Mr.Hamid Khan is man of principles. He never comprise to any extend in this respect. Apparently, the man in power seems to be too deep but turns too shallow when we adhere to them. In this respect,Mr. Hamid khan is man of integrity.