Chief Justice Iftikhar Mohammad Chaudhry said on Saturday the oath of the defense force entailed true allegiance to Pakistan by upholding the Constitution and by keeping off from political activities.
“I am persuaded to mention this (because) throughout my talks with one or 2 terribly high-ranking officers, I discovered that they didn’t apprehend the implications of the oath taken by the troops of Pakistan,” the chief justice observed in an address to a delegation of officers of the Command and employees school, Quetta, at the Supreme Court building here.
Last week, the chief justice had prompt to bureaucrats to not follow illegal orders by their superiors and instead abide by their conscience and also the law.
Noting at the outset of his speech the prime duty of the defense force to defend the country against any external aggression or threat of war, the chief justice said that “the prime duty of defending the supremacy of the Constitution lies upon the Supreme Court”.
He detected that the 1973 Constitution, for the primary time, introduced a brand new chapter for the defense force containing provisions concerning their command and functions and an oath by each soldier to “bear true religion and allegiance to Pakistan and uphold the Constitution which he mustn’t interact himself in any political activities whatsoever”.
Recalling that before the promulgation of the 1973 Constitution, members of the defense force used to require oath as prescribed within the Pakistan Army Act of 1952, Justice Chaudhry said the framers of the current statute created a aware effort to delineate the armed forces’ role thus on create them accountable for the nation’s defense and security and additionally to safeguard the Constitution from any adventurism.
“Let me tell you that the role of defense force has been clearly outlined in Article 245 of the Constitution, that envisages that the defense force shall, beneath the directions of the centralized, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when referred to as upon to try to to thus,” he said.
He told the officers that the Supreme Court, through completely different judgments, had additionally held that the solider and also the citizen stand alike beneath the law and thus each should obey the command of the Constitution and show obedience to its mandate.
However, he recalled, the “recurring conflict between the under-developed political system and well-organized army” within the country’s history when he said political crises were followed by military intervention and military rule.
“Thus, there emerged a vicious circle of temporary political dispensation followed by prolonged military rule – a state of affairs that brought several setbacks and hampered the method of evolution of constitutionalism and democratic system of governance.”
Quoting Nobel laureate Amartya Sen’s saying that “a country doesn’t ought to be work for democracy; rather it’s to become work through democracy,” he said military interventions within the political method forever weakened democratic establishments and
adversely impacted on the constitutional and legal development within the country.
He regretted that democratic elected governments “never actually consolidated democratic institutions” and said: “Neither, they were ready to enforce smart governance, economic progress or the culture of rule of law within the country.”
The primacy of unelected establishments over representative organs left parliament weak and subservient to the chief, he said, noting that Pakistan didn’t have a popularly or directly elected legislature from 1947 to 1970 which this example additionally retarded the political development of the state.
He emphasized that since Pakistan was being ruled by a written constitution, all powers and duties of defense force should flow from the provisions of that charter that a significant responsibility lay upon the shoulders of their officers to adopt patriotism and highest ethical and skilled standards. “Only then you may be ready to defend your country from extraneous threats.”
Before concluding his speech, the chief justice quoted the remarks created by Quaid-i-Azam Mohammad Ali Jinnah in an interview to the Sindh Observer: “Now, if we wish to create this nice state of Pakistan happy and prosperous, we should always wholly and solely think about the well-being of the individuals, and particularly of the plenty and also the poor. If you’re employed in cooperation, forgetting past, burying the hatchet, you’re certain to succeed.”
Welfare of the individuals should be the supreme thought of all establishments and every one functionaries of the state, Justice Chaudhry said, adding: “In adherence to constitutionalism and legal principles lies our salvation and future development as a civilized nation.