Legislation Limiting CJP's Powers Enacted Amid SC Injunction

 

Despite a recent order from the Supreme Court to halt its implementation, a bill aimed at curtailing the powers of the chief justice of Pakistan (CJP) to take suo motu notices and constitute benches has become law on Friday, as confirmed by the official Twitter account of the National Assembly.The bill, known as the Supreme Court (Practice and Procedure) Act, 2023 of the Majlis-i-Shoora (Parliament), has been deemed to have been assented by the President under clause (2) of Article 75 of the Constitution of the Islamic Republic of Pakistan, according to the tweet.

It's worth noting that last week, in a preemptive move, the Supreme Court had issued an interim order prohibiting the government from enforcing the bill when it becomes law.As per the legislation, the CJP's office has been deprived of the powers to take suo motu notice in an individual capacity, and the right to appeal in all suo motu cases has been extended with retrospective effect.

The law now stipulates that a three-member bench, consisting of the CJP and the two most senior judges of the apex court, will collectively decide whether or not to take up a matter suo motu. Previously, this authority solely rested with the CJP. Furthermore, the law mandates that every cause, matter, or appeal before the apex court must be heard and disposed of by a bench constituted by a committee comprised of the chief justice and the two most senior judges.

Additionally, the legislation grants the right to file an appeal within 30 days of the judgment in a suo motu case, and also specifies that any case involving constitutional interpretation must be heard by a bench of no fewer than five judges. Notably, the bill also allows former prime minister Nawaz Sharif and other parliamentarians who have been disqualified by the Supreme Court under suo motu powers, such as Jahangir Tareen, to appeal their disqualification within 30 days of the law's enactment.

The bill initially received approval from the federal cabinet on March 28, and was subsequently passed by both houses of Parliament, the National Assembly and Senate. However, President Arif Alvi declined to sign it into law, citing that it exceeded the competence of Parliament.

Despite the president's refusal, a joint session of Parliament passed the bill again on April 10 with amendments, amidst protests by lawmakers from the PTI party. It was then sent back to the president for his assent, as per constitutional requirements. If the president did not sign the bill within 10 days, his assent would have been deemed granted.

However, just three days after the bill was passed by the joint Parliament session, an eight-member bench of the Supreme Court, including CJP Umar Ata Bandial, issued an order prohibiting the government from implementing the bill once it becomes law.

Meanwhile, on April 19, the president for the second time refused to give his assent to the bill and returned it to Parliament, citing that the matter was sub judice, i.e., pending in court.