ISLAMABAD:The Shariat Appellate Bench of the Supreme Court of Pakistan on Monday heard appeals filed against the Federal Shariat Court’s judgment declaring the quota system in public employment un-Islamic, issued notices to the parties, and adjourned further hearing until the first week of April.
A five-member bench headed by Justice Jamal Khan Mandokhail observed during the proceedings that the matter was of fundamental importance and would have far-reaching implications.
During the hearing, Justice Mandokhail asked the Additional Attorney General whether the quota system was in conformity with the principles of Islam. The court directed him to clearly explain its Shariah status.
The Additional Attorney General submitted that Article 27 of the Constitution explicitly provides for the quota system and that Parliament has the authority to legislate on the matter. He informed the court that the system is being implemented in accordance with the population ratio of the provinces.
Justice Mandokhail remarked that the 40-year period of the quota system had already expired, to which the Additional Attorney General responded that legislation had been enacted to extend its duration.
Justice Irfan Saadat also observed that the quota system exists on the basis of population ratio, and the government counsel confirmed that it is being implemented according to the population of the provinces.
At one point, Justice Mandokhail remarked whether the government intended to convey a message that provinces with smaller populations should increase their population.
The court subsequently issued notices to the parties and adjourned the hearing until the first week of April.