7
anything but declare the law; but it may rightly
reflect that a constitution of government is a living
and organic thing, which of all instruments have the
greatest claim to be construed ut res magis valent
quam pareat i.e. it stands for trying to construe a
law in a way to make sense, rather than to void it.
The
law
should
be
given
effect
rather
than
be
destroyed (1939) FCR 18,36(39).
The
that
moot
requires
question
a
that
clear
raised
answer
in
from
this
this
appeal
court
is
whether the Constitution (Sixteenth Amendment) Act,
2014
has
violated
the
basic
structure
of
the
constitution. It is indeed the crux of this appeal.
Apparently, this question may look very harmless and
straightforward, but in fact it is not that simple
issue to answer. Rather the answer to this question
involves some immensely complex and unfathomably deep
issues
and
events
which
have
taken
place
in
our
political history during the last seven decades (1947
- 2016) in general and during the last four and half
decade in particular (1971– 2016). If it has been a
simple challenge of a constitutional amendment, it