LAHORE: Justice Abid Aziz Sheikh, of the Lahore High Court (LHC), will conduct preliminary hearing today (Friday) on a petition requesting for publication of the 1973 Constitution in Urdu language and also for its inclusion in academic syllabi from lower to higher academic disciplines.
An advocate, Muhammad Irfan, has filed the petition through his counsel Muhammad Azhar Siddique, making federal secretary of the Law and Parliamentary Affairs Ministry, Punjab chief secretary, provincial secretaries of law and parliamentary affairs; higher education; and education (colleges) departments, and Punjab advocate general as respondents.
The petitioner states that the constitution aims at creating new legal norms, social philosophy and economics values which are to be affected by striking synthesis,
harmony and fundamental adjustment between individual rights and social interests to achieve the desired community goals. He says that individual rights have not been ignored and that it is the largest interest of society, which has been assigned a key place in the scheme of government priorities and planning. He also states that with true implementation of the constitution, the people might prosper and attain their rightful honoured place amongst the nations of the world and make their full contribution towards international peace and progress and happiness of humanity.
He states that by educating the people about constitution, everyone would come to know that any law; custom or usage having the force of law in so far as it is inconsistent with the rights conferred through fundamental rights, should, to the extent of such inconsistency, be void. He states that the executive had failed to perform its duty under Articles 9, 29 and 38 of the constitution.
In such an event, he says, the courts would have rightly deferred to the well-informed opinion of the federal government, keeping in view the constitutionally defined separation of power between organs of the state. He states that it is a social contract and that state, federal government, provincial governments and local governments are duty bound to enforce it.
He states that the constitution is a prime legislation and important piece of document for functioning the whole system at national, provincial and rest of the lower levels for controlling the system of decision and for implementation of very spirit of the constitution.
Being a prime document, he says, the constitution helps out and provides guidance for legislating subordinate laws inclusive of statutes; rules; and regulations and for issuance of ordinances by the president as well as by the governor of the respective province.
In its true sense, he says, the constitution as a whole is a grundnorm, which not only provides guidance but also keeps eye on the formulation of other legislation either by the respective legislative assemblies or other respective authorities. In that sense, he says, the document of constitution deserves maximum respect besides obedience from citizens and also from government departments.
He says that every citizen is required to know the basic structure of the constitution, including fundamental rights, principles of policy and the democratic form of government and he/she must be aware of the basic theme while living as a law-abiding citizen of Pakistan. For this purpose, he says, it is paramount that the said document is made part of syllabi starting from lower classes up to higher levels.
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