Self-restraint by state organs key to good governance: Bhagwandas


ISLAMABAD: Self-restraint on the part of trichotomous organs of the state ensures good governance, basic human rights, justice and liberty for the citizens of society, said former justice of the Supreme Court Justice (r) Rana Bhagwandas.He expressed these views during a detailed lecture on the topic “The role of judiciary in good governance,” which was arranged by the Department of Governance and Public Policy at National University of Modern Languages (NUML) on Tuesday. He said that the constitution of Pakistan is based on trichotomy of powers and it includes legislature, executive and judiciary, and the powers of each organ are precisely and concisely defined.Bhagwandas said that no organ was superior or inferior but every organ was subordinate to the constitution of Pakistan and each exercised its powers as per the limits and boundaries defined by the constitution in the larger interest of the nation and the public. Any excess on the part of any organ resulted into bad governance.He added that the three organs of the state must have a sound relationship based on mutual respect. This relationship can be based on a sound footing only if there was willing and not grudging recognition of the limits of their activities. The three organs of the state may have differences of opinion but again the Constitution of 1973 vividly explains how to avoid such differences, and each organ could continue its free and fair functioning without interfering or affecting others. He also said that goodness and dutifulness should not be expected only from the judges, rather every citizen and person must perform his/her duty and demonstrate their patriotism and to create a better world, country and society.He said that there is a big difference in judicial activism and judicial adventurism, as former involved the exercise of judicial powers for the larger interest of the public, while later had no such considerations. Moreover, Bhagwandas also explained the concept of the judicial review of administrative action, suo motu action, discretionary powers and cited different cases to explain how judiciary played a vital role for the provision of good governance in the country at some critical junctures.Later, he also answered the questions raised by the students and the faculty members. The lecture was also attended by Rector Maj Gen (r) Masood Hasan, Director General Brig Azam Jamal, Maj Gen (r) Syed Usman Shah, directors, deans, heads, faculty members and students. In the end, Masood Hasan presented the university shield to Bhagwandas. 

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