In a strongly-worded dissenting note, Supreme Court judge Justice Mansoor Ali Shah has said that parliamentary sovereignty and legislative supremacy are the cornerstones of a strong democracy and the judiciary should recognise the central role of the legislature.
The Supreme Court, on Friday, reinstated the sacked government employees in their positions from August 17 in a four to one majority vote, with Justice Mansoor Ali Shah dissenting.
The apex court dismissed the petitions seeking review of the August 17 judgment that left 16,000 government employees jobless. The judgment dismissed the petitions and held the Sacked Employees (Reinstatement) Act, 2010 to be violative of Article 25 (equality of citizens), 18 (that ensures freedom of trade, business or profession, 9 (security of person), and 4 (rights of individuals to be dealt with in accordance with the law) of the Constitution. “Thus the SERA is void under Article 8 (laws inconsistent with or in derogation of the fundamental rights to be void)”, the short order said.
In his dissenting note, Justice Mansoor Ali Shah wrote, “ Both the legislature and the judicature must play their role in a spirit of profound respect for the other and within the limits set out in the constitution. He added, “ The rule of law is not merely public order, it is social justice based on public order. The law exists to ensure proper social life by balancing the needs of society and the individual”.
