EDITORIAL: In a speech at the annual dinner of the Karachi Bar Association Mr. Justice Noorul Arfin lauded the fact that the country had adopted a permanent written Constitution which enjoyed the support of all the federating units. He … emphasised a point of fundamental importance. Since the doctrine of judicial review has become a part of the fundamental law of the land, the courts are required by the Constitution to determine the limit of executive as well as legislative jurisdiction. It is evident … that where the executive uses the cover of extraordinary legislation to do something which would not be permissible … under the normal clause, the courts must come to the aid of the citizen. …

The people of Pakistan are committed to the rule of law and they want to see the Courts … functioning independently and fearlessly as instruments of judicial sovereignty. They devoutly wish that the legislature will remove whatever unusual restrictions are placed on the jurisdiction of the courts as early as possible so that the rule of law is established and the judiciary can act as a true interpreter and effective custodian of the Constitution and the fundamental rights of the people.

Published in Dawn, May 28th, 2023

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