Thread by @JurisDrHammad

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

The Supreme Court of Pakistan should follow this precedent set out by the #SupremeCourtOfIndia, in order to bring some certainty. 5/8

In this matter, the #democratic sense of inclusiveness incorporated in the article 70(3) of the #ConstitutionOfPakistan provides guidance by clearly mentioning that....

.....a decision by a joint session (larger number of members) of the parliament prevails/becomes a bill regardless of the previous greater proportionality in separate sitting of any house or separate sittings of both houses of the parliament, as the case may be. 3/8

But there is a paradox! This judgement, of preferring a larger bench judgement, is given by a 5-judge bench! What if a 6-judge bench overturns this judgement? Back to square one, an infinite regress 😂
2/8

Well! #EnBanc judgement, to prefer the larger bench #judgement, can settle this matter permanently. ⚖️👨‍⚖️ 1/8

@threadreaderapp unroll please