State Cannot Survive Without Constitution, Democracy: Former CJP Mian Saqib Nisar

Ashi Asif
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Former Chief Justice of Pakistan Mian Saqib Nisar

LAHORE: Speaking at a book launch on Wednesday, former CJP Mian Saqib Nisar linked the state’s survival to its constitution, asserting that transparent elections and an independent judiciary not only uphold constitutional integrity and fundamental rights but also provide the foundation for the rule of law.

Mian Saqib Nisar said, “Are we fulfilling our duty to save the coming generations? Are you receiving your fundamental rights today? If fundamental rights are not being provided, then who is responsible for protecting them?” he asked.

Saqib Nisar expressed all judges take an oath to protect the fundamental rights. “If elections are not transparent, democracy cannot exist. Can any state survive without a constitution?”

The former CJP said from the cradle to death, protection of basic rights of life is the responsibility of the state. “It is the rule of law that organises and regulates the system,” he added. The real test of a judge is in a democracy, he remarked.

A constitutional court has been created and the Supreme Court has been reduced to a district court, says Senator Hamid Khan

He raised a question, “If a violation of fundamental rights is proven, who will protect them? This is the responsibility of judges of High Courts and Supreme Court.” Former CJ Saqib Nisar said democracy itself is based on Shura.

“If democracy does not exist, then constitution does not exist, and if constitution does not exist, how can any state in the world survive?” he remarked. “During my tenure, I made all decisions for the welfare of people,” he told the gathering.

Addressing on the occasion, Senator Hamid Khan said the legal structure in Pakistan has been destroyed. He said a constitutional court has been created and the Supreme Court has been reduced to a district court. The constitutional bench has said it is not bound by any decision of the Supreme Court, he said.

Ashi Asif is an Advocate of the High Court and has been associated with TLTP News Wire Service as a correspondent since 2020. She has covered major international events, including the Nobel Peace Prize Ceremony in Norway in 2022, and continues her global journalistic engagement with coverage of the Nobel Peace Prize Ceremony 2025 in Oslo. She can be reached at ashi@lawtoday.com.pk
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