Independence of judiciary is the most talked about topic after the 16th Amendment case. In the verdict of 799 pages, Chief Justice has placed his observations on the BD government system. His observation, aimed at the country's legislative and executive branches, portrays the de facto role of the Judiciary to evaluate both the legislative and executive branches of our country.
However, Judiciary holds the potential to declare laws, approved by the legislative branch, null and void. Does the doctrine of judicial review (Marbury vs Madison) allow the judiciary to evaluate the performance of both the legislative and executive branches?
Though in the 16th Amendment case judgement, Chief Justice used his 'right to criticise the government' which falls within the ambit of 'freedom of expression' (Mthembi-Mahanyelevs Mail & Guardian Ltd & Another).
