- Monday, March 03, 2025
By: Shubham Ghosh
Pakistan’s senate on Thursday (30) passed a bill to curtail powers of the the chief justice of the country’s supreme court amid opposition staged by the opposition.
The move was made regarding suo motu cases and constitution of benches.
Azam Nazeer Tarar, Pakistan’s minister for law and justice, introduced ‘The Supreme Court (Practice and Procedure) Bill 2023’ in the upper chamber of the country’s parliament, a day after it was passed by the National Assembly, the lower chamber.
Senators of Pakistan Tehreek-e-Insaf of former prime minister Imran Khan opposed the legislation, saying it violated the constitution as matters related to the top court be dealt with amendments in the constitution by means of one-third majority.
Pakistan Tehreek-e-Insaf (PTI)senators opposed the bill, saying it was in violation of the constitution as matters related to the Supreme Court could be dealt with amendments in the constitution through a one-third majority.
“You cannot change the system of the supreme court through a law passed by simple majority,” Senator Ali Zafar of the PTI said during the debate, as he also demanded that the bill should be sent to a bipartisan Senate committee to discuss it before putting it up for voting.
However, his concerns were overruled and the bill was passed to come closer to become a law after it is signed by the president.
The PTI senators protested against the move and Ali Zafar warned that it would be challenged in the supreme court which he was sure would strike it down.
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.
“If the committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the committee, for adjudication of the matter,” the bill reads.
Currently, the chief justice takes decisions about the use of suo motu powers and also constitutes various benches to hear cases.
(With PTI inputs)
