ISLAMABAD: The federal government of Pakistan has once again sent the Supreme Court (Practice and Procedure) Bill, 2023, to President Arif Alvi for assent after approval in a joint session of parliament. The judicial reforms bill aims to curtail the powers of the Chief Justice regarding taking suo motu notice as per clause (3) of Article 184 of the Constitution of the Islamic Republic of Pakistan.
If signed into law by the president, the bill will give the power of taking suo motu notice to a three-judges committee comprising senior judges, including the chief justice. It further states that any matter invoking the exercise of actual jurisdiction under clause (3) of Article 184 of the Constitution shall be first presented before the committee for examination.
If the judges’ committee is of the view that a question of public significance with reference to the enforcement of fundamental rights is involved, then the committee shall constitute a bench comprising at least three judges of the supreme court, which may also include the committee members for adjudication of the matter.
As per the Constitution of Pakistan, if the president does not approve the bill within ten days, the president’s assent will be deemed to have been given.
Earlier, Federal Minister for Law and Justice Azam Nazir Tarar presented the bill in the joint session of parliament for reconsideration it in line with the president’s letter.
Speaking on the occasion, the minister said that the opposition showed ignorance over the matter. He said that the president left a negative comment on parliament’s prerogative to legislate. “Mr Arif Alvi should have avoided this,” the minister added.
On April 8, President Alvi returned the bill to parliament
On April 8, President Arif Alvi had returned the bill to parliament for reconsideration, stating that the legislation “prima-facie travels beyond the parliament’s competence and can be assailed as a colourable legislation”. The move has caused controversy, with some accusing the government of attempting to undermine the judiciary’s independence.
The Supreme Court of Pakistan has also expressed concerns about the bill, stating that it would encroach upon the judiciary’s independence and powers. The court has warned that it will strike down any law that violates the Constitution and the judiciary’s independence.
In conclusion, the federal government of Pakistan has sent the Supreme Court (Practice and Procedure) Bill, 2023, to President Dr. Arif Alvi for assent once again. The judicial reforms bill aims to limit the powers of the chief justice regarding taking suo motu notice and has faced opposition from the judiciary and some quarters who fear it will undermine the judiciary’s independence.
