LAHORE: While delivering a lecture to participants at the Punjab Judicial Academy, Justice Jawad Hassan of the Lahore High Court called Pakistan’s Constitution a solemn social contract between the state and its citizens, stating that true state strength relies on constitutional supremacy and governance under the law rather than concentrated bureaucratic power.
His lecture at the Academy was far more than a routine training session; it was a profound dialogue on constitutional supremacy, administrative authority, and the moral and legal limits of bureaucratic power. The session reminded civil servants that a strong state does not rest on concentrated authority but on governance under the law.
Justice Hassan began by emphasizing that Pakistan’s Constitution is not merely a legal document but a solemn social contract between the state and its citizens. He noted that a government officer’s true identity is not defined by rank, protocol, or powers, but by the extent to which their decisions uphold the Constitution. Powers without constitutional grounding inevitably slide into arbitrariness and abuse.
He pointed out that the authority entrusted to civil servants is a trust, not a privilege. Bureaucratic autonomy exists to protect the public interest, not to enhance personal status or institutional dominance. Federal and provincial rules, service regulations, and codes of business are designed precisely to ensure that administrative authority remains bound by law.
A major focus of the lecture was fundamental human rights. Justice Hassan reminded officers that civil servants regularly interact with these rights, whether they concern freedom of expression, the right to a fair trial, access to education, or human dignity. He highlighted Article 4 of the Constitution of Pakistan – which guarantees every citizen the inalienable right to be treated according to law – as the very foundation of administrative governance.
Justice Hassan cautioned that concepts such as due process and the fair trial are not confined to the courtroom; they must permeate every administrative order, notice, and action. Even a minor administrative directive devoid of legal basis can weaken the state’s authority.
He expressed that under Article 189 of the Constitution of Pakistan, all decisions of the superior courts are binding upon every institution. Quoting this Article, Justice Jawad Hassan said all civil servants must cite relevant laws and superior court verdicts while issuing official orders.
It is important to mention that Article 189 of the Constitution of Pakistan mandates that all decisions of the Supreme Court and High Courts are binding on all institutions, and deviation constitutes both a legal and constitutional violation.
Another significant aspect of the lecture was provincial autonomy. Justice Hassan explained that the spirit of Pakistan’s Constitution lies in the decentralization of authority. Maintaining a balance between federal and provincial powers, and making decisions within the legal framework of the province, is a hallmark of responsible bureaucracy.
To substantiate his claim during the lecture, Justice Hassan expressed: “Authority strengthened under the law empowers the officer; authority commanding the law weakens the state.”
This lecture served as a mirror for the bureaucracy – reflecting not power but responsibility, not command but service, and not autonomy but the supremacy of the Constitution. Regular engagement with such principles can restore the public trust and transparency that the state has long sought.
