Discover and read the best of Twitter Threads about #constitutionofpakistan
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1/3. The validity of any law if is challenged on the ground other than being in contravention of fundamental rights, the SC cannot entertain such challenge in the proceedings under Article 184(3) even if the law is found in contravention of some provisions of the Constitution.
2/3. PLD 2009 SC 549, PLD 2019 SC 318, 2013 SCMR 1383, PLD 2005 SC 1 etc. Although grant of an anticipatory injunction 2 halt the process of legislation is innovation of #BandialiCourt, the order fails 2 address which of the fundamental rights (Ch1) are capable of being violated.
3/3. This 360' degree shift in contravention to the the text of the Cons and long-standing established principles by the SC on the subject is direct attack on the Parliament and #ConstitutionofPakistan #ParliamentUnderAttack #SupremeCourtOfPakistan #NationStandswithConstitution
This goes hand in hand with the #inclusiveness characteristic of #democracy. 🙌⚖️ A "judgement with more members on the bench regardless of the number of judges in majority i.e proportionality" should prevail. 8/8
#Certainty on this matter as to which decision has more binding force was long needed. 7/8
The #SupremeCourtOfPakistan is still in confusion as to whether a "judgement with a better proportionality should prevail" or a "judgement with more members on the bench regardless of the proportionality" should prevail. 6/8
