| Case ID |
1791cab6-9da6-4e33-988b-13798f95545b |
| Body |
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| Case Number |
Constitutional Petitions Nos. 56 of 2003 and 112 o |
| Decision Date |
Sep 08, 2015 |
| Hearing Date |
Aug 26, 2015 |
| Decision |
The Supreme Court of Pakistan has ordered the full and immediate implementation of Article 251 of the Constitution by both Federal and Provincial Governments. This includes adhering to the timelines provided by the Government in the letter dated 6-7-2015, ensuring uniformity in the 'rasmulkhat' for the National language, translating federal and provincial laws into Urdu within three months, and requiring statutory, regulatory, and oversight bodies to enforce Article 251 promptly. Additionally, competitive examinations at the federal level must consider recommendations from the National Language Promotion Department, and all judgments related to public interest litigation must be translated into Urdu. Government departments are also mandated to submit replies in Urdu in court cases to facilitate effective legal rights enforcement by citizens. The Court emphasized that non-compliance with Article 251 would entitle citizens to enforce civil rights if they suffer tangible losses due to such violations. Copies of the judgment are to be sent to all Federal and Provincial Secretaries for immediate action, with the first progress report to be submitted within three months. |
| Summary |
In the landmark Constitutional Petitions Nos. 56 of 2003 and 112 of 2012, the Supreme Court of Pakistan addressed the critical issue of implementing Article 251 of the Constitution, which mandates the adoption, promotion, and use of Urdu as the official language of Pakistan. The petitions, filed by Muhammad Kowkab Iqbal and Syed Mehmood Akhtar Naqvi, highlighted the government's prolonged inaction in enforcing this constitutional provision, which has led to significant societal and linguistic divides. The Court, under the leadership of Chief Justice Jawwad S. Khawaja, scrutinized the government's lack of substantial efforts over the past decades to transition from English to Urdu in official domains, despite clear directives and recommendations from various committees and the National Language Authority.
The judgment emphasized that Article 251 is not merely a symbolic provision but is intrinsically linked to fundamental rights such as the right to dignity, equality, and education. The failure to implement Urdu effectively undermines these rights by creating barriers in accessing economic and political opportunities and impeding effective governance. Empirical evidence from provinces like Balochistan and Khyber Pakhtunkhwa demonstrated that adopting Urdu enhanced administrative efficiency and public engagement, contrasting sharply with the inefficiencies observed due to the continued reliance on English.
Respondents, including the Government of Pakistan through the Secretary Cabinet Division and various high-ranking officials, repeatedly failed to present satisfactory plans for the implementation of Article 251. The Court's diligent review of multiple court orders over seven months revealed a persistent pattern of delays and non-compliance, highlighting a systemic neglect of constitutional mandates. The judgment underscored that obedience to the Constitution is paramount, and any deviation by state authorities not only violates legal obligations but also fosters lawlessness and societal discord.
In its comprehensive decision, the Supreme Court ordered the immediate and full implementation of Article 251 by both federal and provincial governments. Key directives included the translation of all relevant laws into Urdu within three months, coordination among federal and provincial bodies to standardize official language usage, and the requirement for government departments to submit responses in Urdu in legal proceedings. The Court also stipulated that failure to comply would empower citizens to enforce their civil rights, ensuring accountability and adherence to constitutional principles.
This verdict is a significant stride towards promoting national unity and enhancing administrative efficiency in Pakistan. By enforcing the use of Urdu, the Court aims to bridge linguistic gaps, facilitate better governance, and uphold the foundational values enshrined in the Constitution. The ruling not only mandates procedural changes but also reinforces the imperative that constitutional supremacy must be respected and implemented diligently by all branches of government. As the first progress report is due within three months, the judgment sets a clear timeline for compliance, signaling the Court's unwavering commitment to constitutional fidelity and the empowerment of Pakistani citizens through accessible and effective governance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Punjab Government,
National Language Authority,
Federation,
Khyber Pakhtunkhwa Government,
Cabinet Division,
National Language Promotion Department,
Balochistan Government
|
| Judges |
JAWWAD S. KHAWAJA, CHIEF JUSTICE,
DOST MUHAMMAD KHAN, JUSTICE,
QAZI FAEZ ISA, JUSTICE
|
| Lawyers |
Abdul Rashid Awan,
Hidayatullah,
Razzaq A. Mirza,
Mian Arshad Jan,
Abid Saqi,
Sajjad Hussain,
Aamir Rehman,
Waqar Ahmed,
Sikandar Javed,
Mohtarma Parveen Malik,
Mohtarma Saba Mohsin Raza,
Dr. Irum Najam,
Khalil Ahmed Chaudhry,
Dr. Rashid Hamid,
Mehboob Bugti,
Tanvir Hussain Shah,
Iftikhar Shah,
Shehryar Khan Qazi,
Liaquat Amin,
Muhammad Ayaz Khan Swati
|
| Petitioners |
MUHAMMAD KOWKAB IQBAL,
Syed Mehmood Akhtar Naqvi
|
| Respondents |
Islamabad High Court,
GOVERNMENT OF PAKISTAN THROUGH SECRETARY CABINET DIVISION,
AND others
|
| Citations |
2015 SLD 1700,
2015 PLD 1210
|
| Other Citations |
District Bar Association, Rawalpindi v. Federation of Pakistan (Constitution Petition No. 12 of 2010),
Sindh High Court Bar Association v. Federation of Pakistan (2009 PLD SC 876)
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Article 251,
Article 184(3),
Article 14,
Article 25,
Article 25A
|