It is gratifying to see that the apex court of the country has started its proceedings on an important legal issue raised by the Supreme Court Bar Association of Pakistan. The full court comprising all its seventeen judges , while initiating the hearings has raised very relevant issues and asked the appellants to come up with their viewpoint in the next hearing. Pakistan has a rigid constitution as it is in written form unlike the constitution of United Kingdom which has never been formally written but based on statutes, court judgments, works of authority and treaties. The British constitution has other unwritten sources as well which include parliamentary constitutional conventions. It is the strength of the parliament which lets the conventions work to their perfection. It is however noticeable that difference have arisen within the British polity over the question of constitutionality of joining the European Union. It is expected that the Mother of all parliaments i.e. the British parliament will find a way out through the original sources of its constitution making. The rigidity of the written constitution however leads to confronting interpretations of various provisions and leads to litigation in the courts. The same difference of opinion has arisen in the most recently inducted provisions through the eighteenth and twenty first amendments bringing up concerns of the Bar regarding procedures to appoint the judges at the Supreme Court, High Court and ICT.
The matter under consideration of the Supreme Court is vitally important as it will settle on the roles and powers of the executive, judiciary and parliament once and for all as far as the judicial appointments are concerned. Pakistan does not have a constitutional history to be proud of. The higher judiciary has been trying to protect the interest of the masses on its own initiative and otherwise through its judgments. The amendments in the constitution under military rule have not fared well with the people and the organs of the state, however, the faith and resolve of the people of Pakistan in democracy and the constitution cannot be disregarded. They have always stood staunchly behind the institutions whenever someone tried to play with them with malafide intent. It is hoped that the ultimate decision of the honourable court in this case will further strengthen the institutions and enhance the faith of the people in the organs of the state.