Addressing visiting officers of Command and Staff College, Quetta during their visit to the Supreme Court, the Chief Justice said that the apex court in its various judgements held that the 'solider and the citizen stand alike under the law'. Justice Chaudhry reminded that Article 245 of constitution envisaged that the armed forces shall, under the directions of federal government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so. "Both (solider and the citizen) must obey the command of Constitution and show obedience to its mandate," he said, adding that "the armed forces have to act within the scope of their jurisdiction as defined under the Constitution."
He said that prime duty of defending Pakistan against any external aggression or threat of war lies upon the armed forces of Pakistan, likewise the prime duty of defending supremacy of Constitution lies upon the Supreme Court of Pakistan. He said that military intervention in political process weakened democratic institutions besides adversely affecting the constitutional and legal development in the country. The history of Pakistan reflected recurring conflict between underdeveloped political system and well-organised army, he said, adding that when there were political crises, we had witnessed military intervention followed by military rule.
"As a result there emerged a vicious circle of brief political dispensation followed by prolonged military rule. This state of affairs brought many setbacks and hampered the process of evolution of constitutionalism and democratic system of governance", he remarked.
He called upon the visiting officers to play a key role in guarding the national frontiers and securing its borders. "The job of the army is to safeguard the borders of the country...the defence forces are therefore, a very important organisation and heavy responsibility rests on their shoulders", he added.
Those nations progress and prosper smoothly which value, follow and safeguard the constitutional norms, he said, adding that Jinnah, while addressing officers of Staff College Quetta in 1948, stressed the need to understand the implications of oath taken by the armed forces personnel and to acquaint themselves with constitutional norms.
He said that every member of armed forces, according to the oath, is bound to bear true faith and allegiance to Pakistan and uphold the Constitution of the country, which embodies the will of the people. The CJP was of the view that the primacy of unelected institutions over representative organs left parliament weak and subservient to the executive. "The parliamentary subordination to a powerful executive had its roots in the weak political framework in early years of Pakistan. We did not have popularly or directly-elected legislature between1947 to 1970...this also retarded the political development in the state", he added.
Justice Chaudhry said that Pakistan army has been regarded over the years as highly disciplined and trained force but its dominance of the polity of Pakistan eventually produced public questioning of its role. Terming rule of law as basic trait of a democratic government, he said that egalitarian society was not possible unless and until every segment and institution of society made a deliberate effort to not only imbibe it but practice it as well.