For many days, a tussle between the Supreme Court of Pakistan and the Parliament of Pakistan regarding holding of elections for the recently dissolved Punjab Assembly (to be held within 90 days after its dissolution under Article 224 of the Constitution of Pakistan) has been prevailing. It is also notable that there is no such debate in the superior judiciary in the same case of KPK assembly which has also been dissolved and no date has been fixed by the court. The superior court has given the verdict about Punjab Assembly Elections only. Moreover there is also no complete harmony in the honorable judges of Supreme Court of Pakistan regarding the many things, while government and Parliament of Pakistan is demanding the "Full Court Hearing" of the matter.
As a student of law, it is my humble opinion that all institutions of the State of Pakistan, including the Supreme Court (although they also enjoy constitutional autonomy), are subordinate to the State of Pakistan and its government. And the institutions those are independent under the constitution are also independent only for their functions. However, the autonomy should not be of a merely unrestrained type, otherwise, many governments will be formed parallel to the government. And the government/Executive not only has the power to make laws through the legislature (Parliament) to regulate the functions of all the institutions of the state (in a legitimate manner), but it is also imperative for the state to do so.
Challenging the constitutional authority and supremacy of the state and its government (Executive) by a subordinate body is open misconduct and civil disobedience and is arrestable. Furthermore, principally, only the Legislature (which enacts laws) can actually or better interpret the law it makes, while the Judiciary's function is only to make decisions in accordance with established law. However, where there is no law in a matter, the court may make an urgent regulation to resolve the matter in question.
As far as elections are concerned under Article 224.2 of the Constitution of Pakistan within 90 days of the dissolution of the assemblies, the relevant provision of the constitution does not say to do so in all circumstances and at all costs but it is ambiguous one in its wording is only in suggestive mode. And it is logical that in perspective of the real ground realities of the time, the period of holding the elections could be changed fairly. Therefore, it is our sincere opinion that the Supreme Judiciary should look at this issue in the light of the ground facts rather than insisting on it. We believe that in this regard, the government and the opposition parties should also put forward the real facts instead of being paupers.
(For reference, the relevant provision of Article 224.2 of the Constitution of Pakistan is herewith.)
“When the National Assembly or a Provincial Assembly is dissolved, a general election to the Assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls.”
Similarly, the suo motu power of the Higher Courts also needs to be well-defined and limited and Court Contempt Law also needs to be revisited. Apart from this, the constitution of Pakistan, which was formed in the context of 50 years ago, needs to be revisited and updated as per the procedure in vogue according to the social, administrative, and political needs and circumstances of today. It should not be a fixed and static sacred document. The Constitution of Pakistan needs a lot of updating and many types of further amendments in the constitutional chapters and clauses. It is also a contemporary requirement to make it accurate and clear of ambiguities so that no one can take benefit of such loopholes and ambiguities.
We also must have to see who and which organization is hindering Pakistan from becoming a functional state and subverting the state and government writ, and the executive's command and supremacy. And they have to be held accountable. As long as we will not ensure that, we can’t succeed.
The democratic system taken from the West is also the root cause of our problems, which has been made a good and attractive choice for us. While our intellectuals and politicians don't get tired of singing the tune of democracy every day. We need to re-look and reform our educational system as well as the political, administrative, legal, and parliamentary system in harmony with our religious, social, and national requirements.
In the current state of economic crisis, lack of socio-political and religious harmony, emerging terrorism and extremism and the environment of internal and external conspiracies and threats, the country cannot afford to have institutional clashes. It is hoped that the relevant parties will resolve the issues amicably by acting wisely. May Allah be our Supporter and Helper. Ameen!