ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Saturday praised the Pakistan Army’s professionalism and said the Army has been regarded for years as a highly disciplined and trained force but that it must act within the scope of its jurisdiction as defined under the Constitution. He also said it was the duty of democratically-elected governments to ensure that civil powers were superior to the Armed Forces.
The chief justice was addressing the visiting officers of the Command and Staff College, Quetta, at the Supreme Court building.
The chief justice said that since Pakistan was governed by a written Constitution, all powers and duties of the Armed Forces must flow from the provisions of the Constitution. However, military intervention in the political process had weakened democratic institutions.
“The history of Pakistan reflects a recurring conflict between the underdeveloped political system and the well organised Army and whenever there are political crises, we have witnessed military intervention followed by prolonged military rule,” said the chief justice, adding that this state of affairs had hampered the process of the evolution of constitutionalism, legalism and a democratic system of governance.
Importantly, the chief justice said a government elected under the Constitution could perform its functions and ensure the observance of the provisions of the Constitution only by making civil powers superior, and not subordinate, to the Armed Forces during times of both peace and war.
The chief justice quoted Nobel laureate Amartya Sen that a “country does not have to be fit for democracy; it has to become fit through democracy”. In Pakistan, however, “our democratically elected governments never truly consolidated democratic institutions or enforced good governance, economic progress or the culture of rule of law.”
On the other hand, noted the chief justice, the primacy of un-elected institutions like the Army over representative organs had left parliament weak and subservient to the executive. “Parliamentary subordination to a powerful executive has its roots in the weak political framework in the early years of Pakistan. We did not have popularly or directly-elected legislatures between 1947 and 1970 which retarded the political development of the State,” he added.
The CJ said that the Pakistan Army had gained the respect of the Pakistani people for its spirited defence of the country’s borders and that it continued to attract large numbers of youth. On the other hand, its dominance of politics eventually produced public questioning of its role. The CJ, however, was very confident that keeping in view the role of the defence forces in the past, “you [officers] will live up to your traditions whenever you are called upon to defend your country and work sincerely and wholeheartedly for the safety and security of your nation.”
The CJ also pointed out that the Constitution of 1973 introduced for the first time a new chapter for the Armed Forces containing provisions pertaining to the command, oath and functions of the Armed Forces. “Every member of the Armed Forces, according to the oath, is bound to bear allegiance to Pakistan and uphold the Constitution and not engage himself in any political activities whatsoever, and honestly and faithfully serve Pakistan,” he maintained.
He said that in the constitutional history of Pakistan, the 1973 Constitution first incorporated the oath of the members of the Armed Forces; earlier, officers took oath under the Pakistan Army Act, 1952. But after 1973, Article 245 of the Constitution clearly envisaged that the Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression and threat of war, and, subject to law, act in aid of civil power when called upon to do so.
The CJ said that in its various judgments, the Supreme Court had held that solider and citizens both stand under the law. “Both must obey the command of the Constitution and show obedience to its mandate. The Armed Forces have to act within the scope of their jurisdiction as defined under the Constitution,” he added.
The CJ thanked the officers for visiting the Supreme Court and said that defence forces were a very important organisation and a heavy responsibility rested on their shoulders. “In the event of foreign aggression or threat of invasion, the nation looks toward its defence forces for protection and security,” the CJ noted. “It is heartening to note that the morale and spirit of the Pakistani Armed Forces is high and it is very gratifying to note that every officer and Jawan, no matter what his ethnic background or rank, is working as a committed defender of our national frontiers for which you have the backing of the entire nation,” the CJ maintained. The CJ also said today the composition of the Pakistan Armed Forces better represented the society in which it operates; it was professional and better-trained than ever before and had expanded its membership into less represented areas.
The CJ quoted Muhammad Ali Jinnah’s address to the Officers of Staff College Quetta in 1948, where he stressed the need to understand the implications of the oath taken by the personnel of the Armed Forces and to acquaint themselves with constitutional norms. Citing Jinnah, the CJ said: “I would like to take the opportunity to refresh your memory by reading the prescribed oath to you. I want you to remember...that the executive authority flows from the Head of the Government of Pakistan, who is the Governor-General and, therefore, any command or orders that may come to you cannot come without the sanction of the Executive Head. This is the legal position,” the chief justice said, quoting Jinnah.
The CJ observed that the Pakistani armed forces had played a significant role in various nation-building projects and specially in disaster management and rescue and relief operations after the devastating earthquake in Kashmir, Khyber Pakhtunkhawa and Islamabad in the year 2005 and the recent floods. “This magnitude of relief operations could only be undertaken by our organized and disciplined Forces,” the CJ said. If the Armed Forces had not responded promptly and effectively to these catastrophes, destruction in term of precious life and property would have been more severe and painful, said the CJ.
Similarly, he said, our Armed Forces have successfully maintained the writ of the Government in different parts of the country and sacrificed precious lives to restore normalcy and maintain peace in the country.”
He also pointed out that the Pakistan army, under the flag of the United Nations, had frequently undertaken peacekeeping operations around the world, including in Cambodia, Somalia, Bosnia, East Timor and Sierra Leone,” he added. Even Kofi Annan, Ex-Secretary General of the United Nations, had once remarked: “Your [Pakistan’s] soldiers have made the ultimate sacrifice in the service of world peace, and the United Nations. I salute this record of global idealism because I believe it reflects a determination among the Pakistani people to serve the world.”
The CJ said the Supreme Court was the apex court of the land, final arbiter on the law and the protector of the Constitution. “It is the Court of ultimate jurisdiction and all the courts are subordinate to it and follow its precedents,” the CJ told the visiting officers. “All the institutions, including legislature, executive and judiciary, are the creation of the Constitution itself, which is the supreme law of the land, therefore, it is incumbent upon them to work for the protection of this sacred document, said the CJ.
“Moreover, the Constitution itself manifestly provides that all the executive and judicial authorities shall act in aid of the Supreme Court. Those nations progress and prosper smoothly which value, follow, and safeguard constitutional norms,” he added. “All the institutions of Pakistan have to work together in order to bring harmony and peace in the country. Moreover, rule of law, the basic trait of a democratic government and egalitarian society, is not possible unless every segment and institution of society makes a deliberate effort to not only imbibe it but practice it as well,” the CJ added.
The chief justice was addressing the visiting officers of the Command and Staff College, Quetta, at the Supreme Court building.
The chief justice said that since Pakistan was governed by a written Constitution, all powers and duties of the Armed Forces must flow from the provisions of the Constitution. However, military intervention in the political process had weakened democratic institutions.
“The history of Pakistan reflects a recurring conflict between the underdeveloped political system and the well organised Army and whenever there are political crises, we have witnessed military intervention followed by prolonged military rule,” said the chief justice, adding that this state of affairs had hampered the process of the evolution of constitutionalism, legalism and a democratic system of governance.
Importantly, the chief justice said a government elected under the Constitution could perform its functions and ensure the observance of the provisions of the Constitution only by making civil powers superior, and not subordinate, to the Armed Forces during times of both peace and war.
The chief justice quoted Nobel laureate Amartya Sen that a “country does not have to be fit for democracy; it has to become fit through democracy”. In Pakistan, however, “our democratically elected governments never truly consolidated democratic institutions or enforced good governance, economic progress or the culture of rule of law.”
On the other hand, noted the chief justice, the primacy of un-elected institutions like the Army over representative organs had left parliament weak and subservient to the executive. “Parliamentary subordination to a powerful executive has its roots in the weak political framework in the early years of Pakistan. We did not have popularly or directly-elected legislatures between 1947 and 1970 which retarded the political development of the State,” he added.
The CJ said that the Pakistan Army had gained the respect of the Pakistani people for its spirited defence of the country’s borders and that it continued to attract large numbers of youth. On the other hand, its dominance of politics eventually produced public questioning of its role. The CJ, however, was very confident that keeping in view the role of the defence forces in the past, “you [officers] will live up to your traditions whenever you are called upon to defend your country and work sincerely and wholeheartedly for the safety and security of your nation.”
The CJ also pointed out that the Constitution of 1973 introduced for the first time a new chapter for the Armed Forces containing provisions pertaining to the command, oath and functions of the Armed Forces. “Every member of the Armed Forces, according to the oath, is bound to bear allegiance to Pakistan and uphold the Constitution and not engage himself in any political activities whatsoever, and honestly and faithfully serve Pakistan,” he maintained.
He said that in the constitutional history of Pakistan, the 1973 Constitution first incorporated the oath of the members of the Armed Forces; earlier, officers took oath under the Pakistan Army Act, 1952. But after 1973, Article 245 of the Constitution clearly envisaged that the Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression and threat of war, and, subject to law, act in aid of civil power when called upon to do so.
The CJ said that in its various judgments, the Supreme Court had held that solider and citizens both stand under the law. “Both must obey the command of the Constitution and show obedience to its mandate. The Armed Forces have to act within the scope of their jurisdiction as defined under the Constitution,” he added.
The CJ thanked the officers for visiting the Supreme Court and said that defence forces were a very important organisation and a heavy responsibility rested on their shoulders. “In the event of foreign aggression or threat of invasion, the nation looks toward its defence forces for protection and security,” the CJ noted. “It is heartening to note that the morale and spirit of the Pakistani Armed Forces is high and it is very gratifying to note that every officer and Jawan, no matter what his ethnic background or rank, is working as a committed defender of our national frontiers for which you have the backing of the entire nation,” the CJ maintained. The CJ also said today the composition of the Pakistan Armed Forces better represented the society in which it operates; it was professional and better-trained than ever before and had expanded its membership into less represented areas.
The CJ quoted Muhammad Ali Jinnah’s address to the Officers of Staff College Quetta in 1948, where he stressed the need to understand the implications of the oath taken by the personnel of the Armed Forces and to acquaint themselves with constitutional norms. Citing Jinnah, the CJ said: “I would like to take the opportunity to refresh your memory by reading the prescribed oath to you. I want you to remember...that the executive authority flows from the Head of the Government of Pakistan, who is the Governor-General and, therefore, any command or orders that may come to you cannot come without the sanction of the Executive Head. This is the legal position,” the chief justice said, quoting Jinnah.
The CJ observed that the Pakistani armed forces had played a significant role in various nation-building projects and specially in disaster management and rescue and relief operations after the devastating earthquake in Kashmir, Khyber Pakhtunkhawa and Islamabad in the year 2005 and the recent floods. “This magnitude of relief operations could only be undertaken by our organized and disciplined Forces,” the CJ said. If the Armed Forces had not responded promptly and effectively to these catastrophes, destruction in term of precious life and property would have been more severe and painful, said the CJ.
Similarly, he said, our Armed Forces have successfully maintained the writ of the Government in different parts of the country and sacrificed precious lives to restore normalcy and maintain peace in the country.”
He also pointed out that the Pakistan army, under the flag of the United Nations, had frequently undertaken peacekeeping operations around the world, including in Cambodia, Somalia, Bosnia, East Timor and Sierra Leone,” he added. Even Kofi Annan, Ex-Secretary General of the United Nations, had once remarked: “Your [Pakistan’s] soldiers have made the ultimate sacrifice in the service of world peace, and the United Nations. I salute this record of global idealism because I believe it reflects a determination among the Pakistani people to serve the world.”
The CJ said the Supreme Court was the apex court of the land, final arbiter on the law and the protector of the Constitution. “It is the Court of ultimate jurisdiction and all the courts are subordinate to it and follow its precedents,” the CJ told the visiting officers. “All the institutions, including legislature, executive and judiciary, are the creation of the Constitution itself, which is the supreme law of the land, therefore, it is incumbent upon them to work for the protection of this sacred document, said the CJ.
“Moreover, the Constitution itself manifestly provides that all the executive and judicial authorities shall act in aid of the Supreme Court. Those nations progress and prosper smoothly which value, follow, and safeguard constitutional norms,” he added. “All the institutions of Pakistan have to work together in order to bring harmony and peace in the country. Moreover, rule of law, the basic trait of a democratic government and egalitarian society, is not possible unless every segment and institution of society makes a deliberate effort to not only imbibe it but practice it as well,” the CJ added.
