Wednesday, May 16, 2012

PM's conviction and the constitution

By Yasser Latif Hamdani
The constitution of Pakistan envisages a trichotomy of powers i.e. federal, legislative and judicial powers. Each of these three branches are distinct and derive their powers from the Constitution. The Supreme Court of Pakistan is a creature of the Constitution. It derives its original jurisdiction in terms of disputes between provincial governments and federal government from Article 184 (1) and 184 (2) which judgments have to be declaratory in nature.  Article 184(3) vests the Supreme Court with jurisdiction to decide questions of fundamental public importance. The Appellate and Advisory Jurisdictions are derived from 185 and 186. The Supreme Court and the High Courts have the power of judicial review i.e. to review legislative functions and see if these are in accordance with the constitution.