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    Supreme Court Bill Reconsideration

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    Arif Alvi
    The President of Pakistan has returned the Supreme Court (Practice and Procedure) Bill, 2023 with reservations for reconsideration

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    Supreme Court Bill Reconsideration

    Uploaded by

    Arif Alvi
    977 views3 pages
    The President of Pakistan has returned the Supreme Court (Practice and Procedure) Bill, 2023 with reservations for reconsideration

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    © © All Rights Reserved

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    DOCX, PDF, TXT or read online from Scribd

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    The President of Pakistan has returned the Supreme Court (Practice and Procedure) Bill, 2023 with reservations for reconsideration

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    977 views3 pages

    Supreme Court Bill Reconsideration

    Uploaded by

    Arif Alvi
    The President of Pakistan has returned the Supreme Court (Practice and Procedure) Bill, 2023 with reservations for reconsideration

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3
    At a glance
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    The key takeaways from the document are that there are concerns about interference with the autonomy and independence of the Supreme Court if the Supreme Court (Practice and Procedure) Bill, 2023 is passed into law.

    The concerns raised regarding the bill are that it may amount to interference with the internal working, autonomy and independence of the Supreme Court and that the Supreme Court rules already cover practice and procedure.

    Articles 67 and 191 are akin to each other and recognize the autonomy and independence of the Parliament and Supreme Court respectively, barring interference of one into the other's domain.

    PRESIDENT

    Islamic Republic of Pakistan

    Subject: ASSENT TO THE SUPREME COURT (PRACTICE AND


    PROCEDURE) BILL, 2023

    6. On an in-depth consideration of the Supreme Court (Practice and


    Procedure) Bill, 2023, “to provide for the practice and procedure of the
    Supreme Court of Pakistan”, the following aspects require due consideration:-

    i. Article 191 of the Constitution empowered the Supreme Court ‘to


    make rules regulating the practice and procedure of the Court’.
    Under such enabling provisions of the Constitution, the Supreme
    Court Rules 1980 have been made and in force duly validated and
    adopted by the Constitution itself. These time-tested Rules are
    being followed ever since the year 1980 – any tinkering with the
    same may tantamount to interference with the internal working of
    the Court, its autonomy and independence.

    ii. Our Constitution is founded on the concept of trichotomy of


    power – three pillars of the State whose domain of power,
    authority and functions are defined and delineated by the
    Constitution itself. The Parliament has also been given the power
    under Article 67 that states “subject to the Constitution, a House
    may make rules for regulating its procedure and the conduct of
    its business…..”. Article 191 states that “subject to the
    Constitution and law, the Supreme Court may make rules
    1
    regulating the practice and procedure of the Court”. Articles 67
    & 191 are akin to each other and recognize the autonomy and
    independence of each other respectively – barring interference of
    one into the other’s domain.

    iii. Supreme Court of Pakistan is an independent institution as


    visualized by the founding fathers that in the State of Pakistan
    ‘independence of judiciary shall be fully secured’. 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.

    iv. The competence of the Parliament to make laws stems from the
    Constitution itself. Article 70 relates to ‘introduction and passing
    of Bills’ with respect to any matter in the Federal Legislative List
    – enumerated in the Fourth Schedule of the Constitution.
    Followed and further affirmed are the provisions of
    Article 142(a) that Parliament can make laws ‘with respect to any
    matter in the Federal Legislative List’. Entry 55 of Part I of
    Fourth Schedule while empowering the Parliament to make laws
    in respect of ‘jurisdiction and powers of all courts except the
    Supreme Court’ especially excluded the Supreme Court. Thus the
    Bill prima-facie travels beyond the competence of the Parliament
    and can be assailed as a colourable legislation.

    v. The Constitution confers the Supreme Court with Appellate


    Jurisdiction (Articles 185 – 212), Advisory (Article 186), Review

    2
    (Article 186) and Original Jurisdiction (Article 184). Article
    184(3), the focus of the Bill relates to original jurisdiction of the
    Court – providing for the mode and manner for invoking it and
    providing Appeal. The idea may be laudable but can such a
    purpose be achieved without amending the provisions of relevant
    Articles of the Constitution – established law is that the
    provisions of the Constitution cannot be amended by an ordinary
    law as the Constitution is a higher law – father of laws – a
    Constitution is not an ordinary law, but rather an embodiment of
    fundamental principles, higher law, and law above other laws.

    7. In order to meet the scrutiny about its validity (if assailed in the
    Court of law), I have thought it fit and proper as per the provisions of
    Article 75 of the Constitution to return the Bill with the request for
    reconsideration.

    (DR. ARIF ALVI)


    PRESIDENT
    THE PRIME MINISTER

    PS(Public)’s U.O.No. 5(70)/Senate/D(E)/2023, dated: 08-04-2023

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