President Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023 for reconsideration to the Parliament as per the provisions of Article 75 of the Constitution.
\nThe president observed that the Bill \u2018prima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation\u2019.He said that he thought it fit and proper to return the bill, in accordance with the Constitution, with the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the Court of Law), President Secretariat Press Wing said in a press release on Saturday.
\nThe president said that after an in-depth consideration of the Supreme Court (Practice and Procedure) Bill, 2023, \u201cto provide for the practice and procedure of the Supreme Court of Pakistan\u201d, the following aspects required due consideration: \u2013
\nArticle 191 of the Constitution empowered the Supreme Court \u2018to make rules regulating the practice and procedure of the Court\u2019.
\nUnder such enabling provisions of the Constitution, the Supreme Court Rules 1980 had been made and in force duly validated and adopted by the Constitution itself.
\n\u201cThese time-tested Rules are being followed ever since the year 1980 \u2013 any tinkering with the same may tantamount to interference with the internal working of the Court, its autonomy and independence,\u201d it was added.
\nThe Constitution was founded on the concept of trichotomy of power \u2013 three pillars of the State whose domain of power, authority and functions were defined and delineated by the Constitution itself. The Parliament has also been given the power under Article 67 that stated \u201csubject to the Constitution, a House may make rules for regulating its procedure and the conduct of its business\u2026.\u201d. Article 191 stated that \u201csubject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court\u201d.
\nArticles 67 & 191 are akin to each other and recognize the autonomy and independence of each other respectively \u2013 barring interference of one into the other\u2019s domain.
\n\u201cSupreme Court of Pakistan is an independent institution as visualized by the founding fathers that in the State of Pakistan \u2018independence of judiciary shall be fully secured\u2019. With such an objective in view, Article 191 was incorporated and the Supreme Court was kept out of the law-making authority of the Parliament,\u201d the president cited another aspect.
\nThe fourth aspect said that the competence of the Parliament to make laws stemmed from the Constitution itself.
\nArticle 70 related to \u2018introduction and passing of Bills\u2019 with respect to any matter in the Federal Legislative List \u2013 enumerated in the Fourth Schedule of the Constitution.
\nFollowed and further affirmed were the provisions of Article 142(a) that Parliament could make laws \u2018with respect to any matter in the Federal Legislative List\u2019.
\nEntry 55 of Part I of Fourth Schedule while empowering the Parliament to make laws in respect of \u2018jurisdiction and powers of all courts except the Supreme Court\u2019 especially excluded the Supreme Court.
\n\u201cThus, the Bill prima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation,\u201d it was added.
\nThe constitution conferred the Supreme Court with Appellate Jurisdiction (Articles 185 \u2013 212), Advisory (Article 186), Review (Article 186) and Original Jurisdiction (Article 184). Article 184(3), the focus of the Bill related to the original jurisdiction of the Court \u2013 providing for the mode and manner for invoking it and providing Appeal.
\n\u201cThe idea may be laudable but can such a purpose be achieved without amending the provisions of relevant Articles of the Constitution \u2013 established law is that the provisions of the Constitution cannot be amended by an ordinary law as the Constitution is a higher law \u2013 father of laws \u2013 a Constitution is not an ordinary law, but rather an embodiment of fundamental principles, higher law, and law above other laws,\u201d the president observed.<\/p>\n","protected":false},"excerpt":{"rendered":"
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