ISLAMABAD Justice Saqib Nisar, one of the judges of the 17-member larger bench, Tuesday observed that the Constitution conferred legislative powers to the Parliament while the Supreme Court was created under Article 175 of the Constitution and it could not deny this constitutional power of the chosen representatives of the public. Advocate General Punjab Khawaja Haris adopted the argument that every Constitution gave importance to the Objectives Resolution by incorporating it in the preamble. At one stage Justice Javed Iqbal said, It appears that you are trying to minimise the Parliaments role and its sovereignty. Khosa at one point told the counsel that the judgment he had referred took place during 1997 to 2005, therefore, there was need to look at the context of those judgments. He said that a dictator amended the Constitution and, therefore, the court had struck them down, but the 18th Amendment had been unanimously passed by the elected Parliament. The court has given concession to the dictators and usurpers, And still you say that it has the power to review or strike down the constitutional amendments. Khawaja Harris posed a counter-question that if the Parliament makes Pakistan a secular state, then will the court have no power to review it, adding it was the sole domain of the judiciary to interpret the Constitution and the law in order to find out their true meanings and the purposes. Justice Saqib asked, should the constitutional amendment be treated like an ordinary law. He said that your argument is that if parliaments make laws, which are against the independence of judiciary, then it is said that the Parliament encroaches the judiciarys rights. But if the court strikes down the amendment passed by the two-third majority, then it would not be the court encroaching the Parliaments powers. He said that sovereignty over the entire universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan through the chosen representatives. Justice Javed Iqbal observed that it is difficult to find the textual support in the Constitution, therefore, we are relying on the Objectives Resolution as the basic structure. Justice Saqib Nisar said this way we would be adding non-substantive clause in article 239, which is not the job of this court. Khawaja Harris referring to the Achakzai Case, said that the Parliament had no authority to amend the constitution in a way that affect its basic structure. Justice Jawad S Khawaja said that the Parliament drives power of the people, therefore, they should be subservient to them and not to their masters. He said that the preamble of the government provides the basic scheme of running the government. Justice Khosa questioned, Was the preamble discussed in the Parliament at the time when it was decided to incorporate it in the Constitution. Justice Saqib Nisar came to the counsels help and said that the voting took place and, therefore, it has the sanctity. Khawaja Haris said that the court has to revisit the previous judgments. Justice Tassadque Jaillani stated that in more than one judgment the court had recognised the basic structure. Khawaja Haris said that the independence of judiciary is one of the basic features. He said that the judiciary has to be independent from the legislature and the executive. He said that this courts judgments have stated that, therefore, there was no need of the reference of other dispensation. He said that the independence of judiciary is inextricably related with the independence of the judiciary and it could not be compromised at any cost, adding the hallmark of the 1973 Constitution is that it envisages the separation of judiciary from the executive. Let the court take the responsibility itself. The Chief Justice stated that they wanted to understand for what purpose that parliamentary committee would be formed. Justice Khawaja questioned what would be the role of parliamentary committee. He said that it seems that the parliamentary committee has its own purposes, adding Shahid Hamid, the counsel for Punjab government, himself had stated that Parliamentary Committee members could be other than the parliamentarians. Harris replied that the Committee would indirectly influence the independence of judiciary and now the Parliament would be making the judges appointment instead of the executive. Justice Javed Iqbal said that the lapses pointed out by the petitioners and the judges could be taken care of by the Parliament while framing the rules. Justice Asif Khosa said that the Parliament members besides legislation also do numerable functions. They carry out the functions of the executive as some of the parliamentarians become ministers and are members of NFC, Competition Commission. Justice Saqib questioned, Was no error made by the court after the Al-Jihad Case? Justice Khosa said that in the past the judges had worked in Public Service Commission. On that the Chief Justice said that now no judge is working in secretariats and the Public Service Commission as they have been withdrawn. Quoting judgments of Justice (Retd) Sajjad Ali Shah and Justice Ajmal Mian, Khawaja Harris said, that let the court take responsibility that the Parliament does not pass any amendment contrary to the basic structure.