Court has only ruled on Article 175-A for now and has deferred the decisions on other challenged articles/clauses. Court has asked parliament to “review” the process outlined for the appointment of judges. Till article has been reviewed and till the final outcome of the case, judges will be appointed by procedure defined in 18th amendment.
I think this is a sane decision from Supreme Court that instead of striking it down, they have referred it to Parliament. Saved us from another show-down b/w Judiciary and Parliament.
Re: 18th Amendment Decision - Article175-A to be sent back to Parliament
I am rather disappointed, thats not how a court is supposed to give verdict atleast IMHO. Its more like Punchayiti faisla and negotiating with the government rather than decision based on legalalities.
Re: 18th Amendment Decision - Article175-A to be sent back to Parliament
I am rather disappointed, thats not how a court is supposed to give verdict atleast IMHO. Its more like Punchayiti faisla and negotiating with the government rather than decision based on legalalities.
Constitution visibly says that any court has no right to make any change in a constitutionally approved amendment in the constitution.
Re: 18th Amendment Decision - Article175-A to be sent back to Parliament
I am rather disappointed, thats not how a court is supposed to give verdict atleast IMHO. Its more like Punchayiti faisla and negotiating with the government rather than decision based on legalalities.
As far as I know court can not modify the constitution. In worst circumstances it can struck down the articles that violates the basic human rights. Appointment of judges does not breach any basic human rights. This is the first time that SC amd Chief justice has has used their heads. I hope that now Govt will also use their heads and try to avoid the clash.