- Sunday, March 02, 2025
By: Shubham Ghosh
Pakistan president Arif Alvi on Saturday (8) returned to the country’s parliament for reconsideration a bill aimed at clipping the powers of the chief justice, citing that the proposed legislation is beyond the jurisdiction of the legislative body and can be assailed as a “colourable legislation”.
Pakistan is witnessing a rift between the judiciary and the government after a three-member bench of the Supreme Court headed by chief justice Umar Ata Bandial on Tuesday (4) fixed May 14 as the new date for elections to the assembly of Punjab province and quashed the decision of the country’s election commission to extend the date of the poll from April 10 to October 8.
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
The apex court’s verdict was criticised by the coalition government led by prime minister Shehbaz Sharif of the Pakistan Muslim League-Nawaz (PML-N) party, which has refused to accept it.
The government also is keen to curb the suo moto (on its own) powers of chief justice Bandial. The Supreme Court (Practice and Procedure) Bill, 2023 was approved by both houses of parliament last month and sent to the president for assent.
“The Supreme Court (Practice and Procedure) Bill, 2023 travels beyond the competence of the parliament and can be assailed as a colourable legislation,” Alvi, a member of former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf party before he became president, said in his reply to the government.
The bill was approved by the federal cabinet on March 28. The National Assembly passed it after a few amendments suggested by the Standing Committee on Law and Justice.
On March 30, it was passed by the Senate. The bill states that every cause, matter, or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the chief justice and the two senior-most judges.
It added that the decisions of the committee would be taken by a majority. On exercising the apex court’s original jurisdiction, called suo moto powers, the bill said that any matter invoking the use of Article 184(3) would first be placed before the committee.
In his detailed reply, which he also posted on Twitter, Alvi said that he thought it fit and proper to return the bill under the Constitution, with “the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the court of law)”.
He said that “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”.
Alvi cautioned that any attempt to modify or tamper with these rules could be viewed as interference with the internal workings of the court, which could compromise its autonomy and independence.
The head of the state further said the top court is an independent institution as “visualised by the founding fathers that in the state of Pakistan independence of the judiciary shall be fully secured”.
(With PTI inputs)
