Since the parliament represents the will of the people and is the architect of the constitution it is rightly said to be the mother of all state institutions which are created under the constitution promulgated by it. According to constitutional arrangement, the judiciary is the ultimate custodian of the constitution. The judiciary safeguards the fundamental rights of the people as prescribed in the constitution and also makes sure that all the state organs function strictly in conformity with the constitution and the laws enacted by the parliament.

The status of custodian of the constitution bestowed on the judiciary in the constitution also makes it obligatory on the members of the judiciary to remain within ambit of the constitution and law while adjudicating in the cases brought before them and refrain from committing indiscretions that vitiate the spirit of the constitution or the prevalent law relevant to the issue brought before them. A conscious or deliberate disregard of a constitutional mandate or requirement is nothing short of “subversion” of the Constitution which amounts to “High Treason” under Article 6 of the Constitution.

Unfortunately, the judiciary in Pakistan has been one of the major tormentors of the nation by delivering verdicts that not only represented willful breach of the constitution but have been instrumental to perennial political instability in the country undermining the avenues pivotal to strengthening democracy in the country. Consequently the country had to endure devastating tragedies that have shook the very foundation of the state. Under the doctrine of necessity, the judges not only validated military coups but also allowed the........

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