ISLAMABAD: President Arif Alvi on Saturday returned the bill curtailing the powers of the Chief Justice seeking its revision to meet scrutiny on its validity.
The President returned the Supreme Court (Practice and Procedure) Bill, 2023 to Parliament for reconsideration in accordance with the provisions of Article 75 of the Constitution, which states that the Bill is fundamentally outside the competence of Parliament and is assailed. can be done Colored legislation.
The bill was passed by both houses of Parliament last month and sent to the President for assent amid a deep political and constitutional crisis in the country over elections in Punjab and Khyber Pakhtunkhwa.
After Alvi refused to approve the legislation, the government is likely to approve the bill through a joint session of parliament.
President Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023 for reconsideration to the Parliament as per the provisions of the Article 75 of the Constitution, stating that the Bill prima-facie travels beyond the competence of the Parliament – pic.twitter.com/SM7HXVVa5Q
— The President of Pakistan (@PresOfPakistan) April 8, 2023
In his letter to Prime Minister Shahbaz Sharif, President Alvi said that he considered it fit and proper to return the bill in accordance with the Constitution, requesting for its revision to meet the scrutiny of its correctness (if (If attacked in court) of law).
Alvi pointed out several aspects that need to be considered after deep consideration.
President Alvi said that the SC Rules 1980 were “created and enacted under the enabling provisions of Article 191 of the Constitution and it is modified and adopted by the Constitution itself” which empowers the Supreme Court as a court of law. Authorizes making rules to regulate processes and procedures.
“These time-tested principles have been followed since 1980 – any tampering with them would amount to interfering with the internal working of the court, its autonomy and independence,” the letter said. “
Another aspect that the President said needed to be revised was the separation of powers.
“Our Constitution is based on the concept of trichotomy of powers – the three pillars of the state whose jurisdiction, authority and functions are defined by the Constitution itself”.
Alvi said Article 67 empowered Parliament to “make rules to regulate its procedures and its business[…]”. Meanwhile, under Article 191, the Supreme Court “may make rules regulating the practice and procedure of courts”.
The letter reads that “Articles 67 and 191 are analogous to each other and recognize each other’s sovereignty and independence – barring interference in each other’s domain”.
Furthermore, the President observed that the Supreme Court is an independent institution as envisioned by the founders and that “the independence of the judiciary shall be fully preserved” in the State of Pakistan.
With this objective in mind, Article 191 was inserted and the Supreme Court was excluded from the legislative power of the Parliament.
Furthermore, the letter emphasized that Parliament’s legislative competence is derived from the Constitution itself.
“Article 70 deals with the ‘introduction and passage of bills’ in respect of any matter in the Federal Legislative List – listed in the Fourth Schedule of the Constitution.”
It added that the Supreme Court was specifically excluded under Entry 55 of Part I of the Fourth Schedule, which empowers Parliament to make laws in relation to “the jurisdiction and powers of all courts other than the Supreme Court”. Gives.
“The Constitution confers on the Supreme Court appellate jurisdiction (Articles 185-212), advisory (Article 186), review (Article 186) and original jurisdiction (Article 184). Article 184(3), the focus of the Bill The original jurisdiction of the court – providing the manner and manner of summoning it and providing appeals,” the letter read.
He asked whether such an object could be achieved without amending the provisions of the relevant articles of the Constitution, keeping in view the fact that such amendments could not be made under an ordinary law as the Constitution was a supreme law. Is – is the father of laws.
“Constitution is not an ordinary law, but an embodiment of fundamental principles, supreme law and law above other laws.”
