ISLAMABAD: President Arif Alvi on Saturday returned to Parliament a bill restricting the discretionary powers of the Chief Justice to take suo motu notice under the provisions of Article 75 of the Constitution, to undergo scrutiny of its validity. could
In his letter to Prime Minister Shehbaz Sharif regarding the bill, the President said that the Supreme Court (Practice and Procedure) Bill, 2023, prima facie is beyond the competence of Parliament and can be used as colorable legislation.
The President said that he thought it proper and proper to return the bill with a request for reconsideration to meet the scrutiny of its constitutionality (if attacked in a court of law). ).
The letter highlighted several aspects, which in his opinion required due consideration.
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
President Alvi said that the SC Rules 1980 have been framed and enacted under the enabling provisions of Article 191 of the Constitution and adopted by the Constitution itself to regulate the practice and procedure of the Supreme Court. Empowers the Court to make laws.
“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 sovereignty 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.”
The minister attacked Alavi.
Federal Minister for Climate Change Sherry Rehman criticized Arif Alvi for returning the bill saying that it proved that he is not the President of the country but still the Secretary General of Pakistan Tehreek-e-Insaaf.
لحاضہ وہ اپنی پارٹی پالیسی کی پیروی کر رہے ہیں، صدر کے آئینی عہدے کی نہیں۔صدر کہہ رہے کہ یہ بل پارلیمنٹ کے اختیار سے باہر ہے؟ساڑھے تین سال وہ صدر ہائوس کو آرڈیننس فیکٹری کی طرح چلاتے رہے، وہ پارلیمنٹ کے اختیارات سے کیسے واقف ہو سکتے ہیں۔ صدر پارلیمنٹ کو قانون سازی نا سکھائیں۔ 2/2
— SenatorSherryRehman (@sherryrehman) April 8, 2023
He has seen every decision of Parliament from PTI’s point of view. Rahman said that he had already given his views on the bill in an interview before he received it.
He is following the policy of his party and not the constitutional office of the President.
