The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Frame (2)

Per Muhammad Afzal Zullah, J.

(a) Constitution of Pakistan (1973) Arts. 37 & 38

To put it differently, the judiciary like other organs and authorities is immune from attack qua its actions and declaration of law on any ground relatable to Principles of Policy. If it takes any action or declares any law in accordance therewith, there is nothing in this Article to prevent it from doing so. This discussion on the bars relating to the enforcement of, or actions in accordance with, the Principle of Policy leads to an irresistible conclusion that qua the judiciary, (though it cannot direct other organs of the State to act in accordance with principles subject of course to some other constitutional limitation and important compulsions qua the statute law. Out of over two dozen singe and composite Principles of Policy (in this counting, different items in clause (2) of Article 31 and various clauses in Article 37 and 38 have been taken as separate principles) only two have been singled out by the Constitution-makers, namely, those contained in clause (1) of Article 31 and Article 34, in connection with which not only the State as defined in Article 7 has been made responsible but other organs, authorities, etc. are also enjoined upon to act in accordance therewith. This distinction, in the context of the aforementioned two Principles of Policy (Articles 31(1) and 34) vis-a-vis all other principles contained in the other Articles, furnishing a glaring example of the “requirement” of “the context otherwise” visualized in Article 7. In other words, both these principles have been made the responsibility of all the organs judiciary is no exception. It is, therefore, as already observed, subject to certain important constitution and its own limitations, under a mandate contained in Article 31(1) to take steps ” to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam”. [pp 979, 980] O & P