The Limits of an Activist Supreme Court

Nine months since reinstatement the Pakistani Supreme Court has executed several plans that have both fueled public outcry for change and made the federal government uneasy. The following is a good article on the subject in DAWN:

"Statements by lawyers, observations by judges and ceaseless TV talk-shows appear to have given rise to a general expectation that the Supreme Court’s ruling on the National Reconciliation Ordinance is going to transform the country’s constitutional and political landscape.

That is unlikely for the simple reason that the court can only interpret the constitution and not amend it, much less enact a new one.

The Controversial Role of the SC: Editor's Pick

"The Supreme Court is a prime example of an institution torn by periods of too much and too little power." I couldn't have put it better. Read excerpt below:

IT is a common feature of all Pakistani regimes — past and present, civil or military — that when institutions are weakened by legislative acts or executive orders they hesitate to exercise whatever little authority that remains. And when empowered by law or circumstances, they tend to exceed, even abuse, their power. The president and the prime minister, cabinet and parliament, civil services and the armed forces, even businesses, behave in this manner. In the current situation, however, this argument is more applicable to the judiciary and the district governments. Foremost is the example of the Supreme Court. At one time it authorised a coup-making general to amend the constitution ‘for the attainment of the declared objectives.’ Now the court has taken upon itself to administer the retail price of sugar... Read More

SCP News Item: SC Locks Horns with Islamabad on Electric Tariff

Today the Supreme Court of Pakistan ordered Pakistan's National Electric Power Regulatory Authority (Nepra) not to raise its tariff, once again directly challenging the government. A few weeks ago the Supreme Court declared the "carbon tax" unconstitutional. Under pressure Islamabad resigned its position. Dawn, Pakistan's most read English daily, has a front page story on the issue below:

Dawn, July 24, 2009
Nasir Iqbal

"SC tells Nepra to inform it before raising tariff"

ISLAMABAD: The Supreme Court vacated on Thursday its order restraining the authorities from raising electricity tariff but cautioned the National Electric Power Regulatory Authority (Nepra) against coming up with any coercive plan to increase the tariff.The court asked Nepra to inform it in advance, before recommending a tariff increase.A three-judge bench headed by Chief justice Iftikhar Mohammad Chaudhry and comprising Justice Chaudhry Ijaz Ahmed and Justice Jawwad S. Khawaja is hearing a suo motu case against the proposed increase in tariff despite erratic power supply and decline in oil prices in the international market.The bench issued notices to the ministries of finance and water and power and asked them to inform the court about the proposed withdrawal of subsidy on electricity or increase in the tariff....complete story

SCP Mission Statement

Supreme Court of Pakistan.Net website is a network that provides resources on the historical and political role of Pakistan's Supreme Court. SCP BLOG provides an independent platform to academics, lawyers, policy analysts, and the general public. Contributors from all over the world are encouraged to write short opinion pieces, share informational resources, and participate in dynamic debates all in the name of SCP’s motto, “Exchanging Ideas to Preserve the Rule of Law.”