SEARCH ARTICLE

27 Pages : 278 -285

http://dx.doi.org/10.31703/gssr.2021(VI-II).27      10.31703/gssr.2021(VI-II).27      Published : Jun 2021

Judicial Observations over the Doctrine of Unconstitutional Constitutional Amendment in Pakistan: A Critical Appraisal

    The legal fraternity and some political parties around the country challenged the twenty-first constitutional amendment, enacted by the Parliament of Pakistan. The petitioners contended that the Legislature amended the basic features of the Pakistan Constitution beyond its scope of amending power and liable to be declared unconstitutional. However, some of the judges of the apex Court of Pakistan adopted the former judicial approach. They ruled that the apex court had no authority to annul any amendment when it became a formal part of 1973’sConstitution. The apex court further stated that the impugned amendment might be taken under consideration if it was found that the required constitutional procedure for amendment did not comply with it. This research aims to critically analyze observations of the apex court about examining the constitutional amendment on the yardstick of repugnancy with the basic features of the Constitution of Pakistan. For achieving the proposed objective, this study adopts a doctrinal research method. It carries out an in-depth analysis from the perspective of modern Constitutionalism,juristic literature, and judgments of the superior courts of various States to support the study.

    Amendment, Constitution, Pakistan, Judicial Review, Basic Structure, Supreme Court, Implicit Limitation
    (1) Muhammad Hassan
    Visiting Lecturer, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan
    (2) Amjad Hussain
    Assistant Professor, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan
    (3) Aas Muhammad
    Lecturer, Department of Law, The Islamia University of Bahawalpur, Punjab, Pakistan

14 Pages : 143-149

http://dx.doi.org/10.31703/gssr.2023(VIII-II).14      10.31703/gssr.2023(VIII-II).14      Published : Jun 2023

An Instance of Corruption during the Hajj and Pakistan's Far-Superior Judiciary System

    The Supreme Court of Pakistan received a letter from the government of Saudi Arabia claiming corruption in the Ministry of Religious Affairs' hajj arrangements. In response to the letter, the court invited the Secretaries of religious and foreign affairs to clarify their respective positions. A committee of lawmakers was formed to investigate the situation. On September 1, 2010, the committee issued a report to the prime minister of Pakistan and the chief justice of the supreme court that confirmed Hujjaj's building-rental irregularities. In response to the complaints of several Hujjaj, Justice Khalil Ul Rehman Ramday forwarded the summary with the following comments: "Many individuals came to me in Makah Mukarramah.Complaints were even submitted in writing. "Action as may be thought suitable to eliminate the sufferings of thousands of Hajjis who spend their entire lives saving pennies to perform Hajj, only to have the money they've earned through their blood and sweat lost." The article explores the Hajj corruption issue and the role of Pakistan's Supreme Court. A qualitative study employing content analysis as an analysis method has been undertaken. For primary sources, judicial decisions, the statements of prominent jurists, parliamentary actions, and biographies have been consulted.

    Corruption, Supreme Court, Ministry of Hajj Affair
    (1) Muhammad Siraj Khan
    Lecturer Law College, Gomal University Dera Ismail Khan, KP, Pakistan.
    (2) Naghma Farid
    Lecturer Law College, Gomal University Dera Ismail Khan, KP, Pakistan.
    (3) Farhaj Sikander Yar Khan
    Ph.D Scholar, Department of Political Science, Qurtuba University of Science and Information Technology, Dera Ismail Khan, KP, Pakistan.