THE countries that have written constitutions function on the principle of trichotomy of powers that clearly delineate and spell out the role of the organs of state which are considered to be its pillars.

For the orderly and smooth functioning of the state it is imperative that these institutions operate within the limits set by the constitution and play their due and supportive role in carrying forward objectives of the state geared to promoting well-being of the people. Any trespassing into each other’s domain is considered disruptive and inimical to the state interests. The countries where such interventions happen remain consigned to perennial instability and chaos.

Pakistan is unfortunate in that its state organs often interfere in each other’s affairs, presenting themselves as self-styled saviours. The judiciary, tasked with safeguarding the constitution, has frequently violated the principles it is meant to uphold. The Supreme Court has delivered verdicts that contravene the constitution and, at times, attempted to reinterpret or even rewrite provisions, despite parliament’s exclusive authority to amend it. The recent verdict on Article 63-A exemplifies such overreach, contributing to the country’s persistent political instability. As Justice Jackson of the US Supreme Court observed, “The apex court is not final because it is infallible, but it is infallible because it is final,” meaning its decisions must be accepted regardless of correctness. Such interventions highlight the dangers of........

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