Article 184 – interpreting it paradoxically
As far as the interpretation of the article 184 is concerned, common-sense understanding is altogether different. It has three clauses that form the whole of this article. Its title is: The Original Jurisdiction of Supreme Court.
The first clause states: (1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more governments.
The second clause states: (2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.
The third and the last clause states: (3) Without prejudice to Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article.…
The 21st point: Overhaul the state
Presently there is happening quite a serious debate on the 20 points envisaged in the National Action Plan. Its thrust is on two points:
i) All these measures should have been in their place since long as a matter of routine, probably from the day first when Pakistan came to exist; and,
ii) Due to the past negligence of the governments, doubts and questions are being raised about the efficacy of these measures.
The argument the present writer aims to make is a bit different; he wants to propose a 21st point to be added to the NAP, which focuses on overhauling the state. Let’s be precise in judging: It’s the state that played havoc with the society of Pakistan, and now