- Says failure to implement these judgments would throw constitutional balance into disarray
- Says no one has the right or prerogative to question whether a judgment is right or wrong
ISLAMABAD: Supreme Court’s senior puisne Judge Mansoor Ali Shah emphasized the critical importance of enforcing the top court’s decisions and described it as a “constitutional obligation,” saying there is simply no room for “disregard or delay” in implementation of these rulings.
“Failure to implement Supreme Court judgments would not only disrupt the entire legal system but also throw the constitutional balance into disarray”, Justice Mansoor Ali Shah asserted while speaking at a conference in Islamabad in connection with the 10th anniversary of a landmark ruling on minority rights on Saturday.
Justice Shah warned that administrative institutions must understand they have no choice but to comply with Supreme Court rulings, emphasizing “This is not my assertion, but what the Constitution demands and the Supreme Court derives its authority and powers solely from the Constitution.”
This statement comes in the context of recent political developments, where the ruling parties passed the Elections (Second Amendment) Bill, 2024, which aims to circumvent the Supreme Court’s July 21 ruling. That ruling, delivered by an 8-5 majority of the Supreme Court’s full bench led by Justice Shah, declared Pakistan Tehreek-e-Insaf (PTI) eligible for reserved seats for women and minorities, paving the way for the party’s return to parliament and impacting the PML-N-led coalition government’s two-thirds majority.
“The Supreme Court’s verdicts cannot be ignored or postponed, or else the entire legal framework will be jeopardized, and the constitutional equilibrium will be lost if judgments are not enforced,” Justice Shah asserted.
Justice Shah further underscored that the implementation of Supreme Court rulings is non-negotiable, noting that the structure of the Constitution itself mandates this. “I want to emphasize that Supreme Court judgments are always implemented, and this is embedded in the Constitution,” he stated, adding that there has never been an instance where an apex court decision was left unenforced.
He also made it clear that not adhering to the Supreme Court’s orders would amount to “a violation of the Constitution.” “There is no alternative but to comply with the Supreme Court’s rulings,” he insisted.
Justice Shah highlighted that the authority of the Supreme Court to adjudicate matters is derived from the Constitution, which is the highest law of the land. “No one has the authority to question or deem Supreme Court rulings as ‘wrong’ or ‘incorrect.’ The Constitution mandates that these judgments must be carried out,” he remarked.
He went on to say that any objections to the Supreme Court’s decisions would require altering the very structure of the Constitution. “Those who disagree with the Supreme Court’s verdicts would need to change the constitutional framework, but for now, this is how it stands,” he said.
Justice Shah also pointed out that disregarding the apex court’s rulings is contrary to the principle of the separation of powers. “The separation of powers is a fundamental component of democracy that must not be disturbed. This is not a burden or a courtesy; it is a constitutional obligation that must be fulfilled,” he asserted.
He stressed the importance of maintaining this delicate balance, warning against any executive overreach. “It is our duty to uphold this equilibrium, and no one has the right or the prerogative to question whether a judgment is right or wrong,” Justice Shah declared.
He concluded by cautioning that failure to fulfill the constitutional duty of implementing Supreme Court orders would have severe consequences.
