Only parliament can change the constitution, and if the Chief Justice or esteemed members of the Supreme Court Bar Association wish to see some changes to the 18th Amendment, they must petition parliament for a new amendment. This notion, which has been continually mentioned on this blog, has been reiterated by Former President of Supreme Court Bar Association (SCBA) Aitezaz Ahsan in an interview with Geo News.
Former President of Supreme Court Bar Association (SCBA) Aitezaz Ahsan said the Parliament is entitled to effect fundamental change in the Constitution, adding the apex court cannot nullify the Constitutional amendment, Geo News reported Tuesday.
Talking to media outside the Parliament, he said he respects Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry more than the President, the PM, adding had CJP Chaudhry not denied compliance, the history would have been the other way round.
The Parliament was established as a result of lawyers’ movement, Aitezaz remarked adding it was lawyers’ movement that forced Gen (rtd) Pervez Musharraf to flee the country.
The former SCB president said the apex court may at maximum propose an amendment, as it is up to the court to give suggestions, but, it cannot on its own, rise to amend the Constitution.
Ahsan said the Article-238, 239 cannot be challenged in any court, whatsoever; neither can the SC’s hearing power be challenged.
Judiciary and the Parliament should work in sync, he added.