Abstract

The judiciary in any country enjoys a very unique role – it provides justice, which is important for the maintenance of peace in any society. Superior Courts of Pakistan i.e. Supreme Court and High Courts are under constitutional obligations to protect and preserve the Constitution of Pakistan, 1973.[1] To protect the Constitution is one of the prime duties of the Superior Courts; so, in the Preamble to safeguard the judiciary is assured, without which the judiciary cannot perform its function to protect, the law, and Constitution and enforce the Fundamental Rights granted by the Constitution of Pakistan.[2]

Rule of Law is a blessing on humanity which denotes that every person shall be dealt with in accordance with the law. It further means that in a State governance system shall be conducted as per established law and shall not be done rule of men. Article 4 of the Constitution of Pakistan 1973 provides the complete concept of the Rule of Law. The title of this Article speaks for itself “Right of individuals to be dealt with in accordance with the law”[3] This Article is the most glaring example of the Rule of Law– protects the basic rights of the people. Whenever the Fundamental Rights are suspended, Article 4 protects the basic right. In the Pakistani context, the Fundamental Rights and the Constitution are the Rule of Law. Most of the Fundamental Rights are explained in Article 4. For example, Article 25 provides that everyone is equal before the law. Article 4 protects life, property, liberty, body, reputation, and property. No person shall be compelled to do whatever is not dictated by law to do or no person shall be prevented from doing anything that is permitted by law to do. Article 4 has been considered an original contribution towards constitutionalism.[4]  Therefore, Superior Courts have pronged functions; first to safeguard the Constitution and then enforce and protect Fundamental Rights – the Rule of Law.

[1]    Third Schedule in the Constitution of Pakistan: Oath of Chief Justice of Pakistan, Chief Justices of High Courts, Judge of the Supreme Court, and Judges of the High Court.

[2]    Preamble of Constitution of Pakistan which is now substance part of the Constitution as Article 2A. Primarily, it was the Objectives Resolution (Aims and Objectives of the Constitution passed by the Constituent Assembly in 1949 under the Premiership of Khan Liaquat Ali Khan).

[3]    Article 4 of the Constitution of Pakistan, 1973.

[4]    Chief Justice (retd) Muhammad Munir: The Constitution of Pakistan, 1973: A Commentary on the Constitution.