Overview of Article 68 of the Constitution of Pakistan
Article 68 of Pakistan’s Constitution stands as an effective barrier between judiciary and legislature, providing an important safeguard in terms of separation of powers. Relying heavily on principles of judicial independence, this provision limits discussion in Majlis-e-Shoora (Parliament) over judges of the Supreme Court or High Courts performing their duties properly – thus protecting their independence. Furthermore, Article 68 helps safeguard judges from undue interference or influence by legislative branches.
Article 68 States
68. Restriction on discussion in Majlis-e-Shoora (Parliament)
No discussion shall take place in Majlis-e-Shoora (Parliament) with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
Key Points of Article 68 of the Constitution of Pakistan
- Judicial Independence: Article 68 seeks to preserve judicial independence through prohibiting discussions of judges’ conduct in Parliament, protecting it from external pressures and influences and enabling judges to adjudicate without bias or fear.
- Parliamentary Restraint: Article 68 enforces a form of restraint on parliamentary discussions, acknowledging the significance of maintaining an equilibrium between the roles of judiciary and legislature, with certain matters best left under judicial jurisdiction (particularly related to judges’ conduct).
- Preserving Integrity: Article 68 helps maintain the integrity of the judicial process by prohibiting discussions about judges’ conduct in Parliament, protecting judges from unfounded criticism or political influence that might threaten their impartiality and integrity in making decisions.
- Constitutional Harmony: Article 68 underscores the larger theme of constitutional harmony by acknowledging each branch of government has their own functions, with matters related to judiciary needing to be handled within their legal and constitutional parameters.
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Crux of Article 68 of the Constitution of Pakistan
Article 68’s central objective is ensuring an independent judiciary. By prohibiting discussions in Parliament on judge conduct, it reinforces the principle that judges must be free from external pressure to perform their duties impartially and honestly without compromise from external forces. Thus it strikes an ideal balance between providing oversight without undermining its integrity.
Article 68 also recognizes the consequences of permitting parliamentary discussions on judicial conduct, noting how such debate could threaten to undermine both its authority and lead to politicization of its process further undermining public trust in its independence.
Conclusion: Article 68 of the Constitution of Pakistan
Conclusion In summary, Article 68 of Pakistan’s Constitution acts as an effective safeguard for judicial independence and serves as evidence of farmers’ commitment to creating an impartial judiciary. By restricting discussions in Parliament regarding judges’ conduct, Article 68 creates a protective shield around it that safeguards it against undue political pressures and influences.
Pakistan’s democracy continues to expand and evolve, and Article 68 remains an integral component in maintaining a healthy balance among its branches of government. It serves as a reminder that democracy relies on maintaining independent and uncompromised institutions – particularly judiciary – while certain matters should remain within its purview and unimpeded by pressures of parliamentary discussions.
