Siddiqui’s inquiry follows Justice Shah’s recent assertion that the implementation of Supreme Court decisions
By Asghar Ali Mubarak
ISLAMABAD: Pakistan Muslim League-Nawaz (PML-N) Senator Irfan Siddiqui posed a question to Supreme Court Justice Mansoor Ali Shah regarding the constitutional requirement for judicial decisions to align with the constitution and the law.
Siddiqui’s inquiry follows Justice Shah’s recent assertion that the implementation of Supreme Court decisions is a mandatory constitutional obligation. In a statement posted on the social media platform ‘X’ (formerly Twitter), Irfan Siddiqui expressed his full agreement with Justice Shah’s view that court decisions must be implemented to avoid disturbing the constitutional balance.
However, he sought further clarification on whether judicial decisions themselves are required to be by the constitution and law. Siddiqui questioned whether the judiciary has the authority to interpret or alter constitutional provisions in a way that deviates from the explicit and unambiguous articles of the constitution. He inquired if such actions by the judiciary could potentially disrupt the constitutional equilibrium.
Justice Mansoor Ali Shah, addressing a seminar the previous day, had emphasized that the implementation of court decisions is non-negotiable and integral to maintaining constitutional integrity. He stressed that no entity has the authority to ignore or refuse to enforce Supreme Court rulings. Earlier, Justice Mansoor Ali Shah – the most senior judge of the Supreme Court of Pakistan – emphasized on Saturday that adhering to the apex court’s decisions is not merely a tradition but a constitutional mandate.
Addressing a ceremony on judicial challenges in Islamabad, Justice Shah underscored that the authority of the Supreme Court is derived solely from the Constitution. In his address, Justice Mansoor Shah articulated that any refusal to implement Supreme Court rulings undermines the constitutional balance. “It is not a matter of tradition; it is a constitutional requirement,” he stated firmly.
The next Chief Justice to be also noted that the Supreme Court’s authority comes directly from the Constitution and not from any other source. During the ceremony, which was focused on the implementation of judicial decisions and their challenges, Justice Shah also touched upon the protection of minority rights. The senior SC Justice asserted that the constitution of Pakistan guarantees equal rights to all citizens, including minorities, and that the Supreme Court will ensure these rights are upheld.
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