ISLAMABAD: According to a press release on Saturday, President Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023 to the Parliament for reconsideration as per the provisions of Article 75 of the Constitution.
The president believes that the Bill prima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation.
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The president’s decision was based on an in-depth consideration of the Bill, which aims to provide for the practice and procedure of the Supreme Court of Pakistan. He noted that Article 191 of the Constitution empowers the Supreme Court to make rules regulating the practice and procedure of the Court, and the Supreme Court Rules 1980 had been made and in force since 1980. Any tinkering with these time-tested rules may tantamount to interference with the internal working of the Court, its autonomy, and independence.
The president also emphasized that the Constitution is founded on the concept of trichotomy of power – three pillars of the State whose domain of power, authority, and functions were defined and delineated by the Constitution itself.
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The Parliament has been given the power under Article 67 to make rules for regulating its procedure and the conduct of its business, while Article 191 states that the Supreme Court may make rules regulating the practice and procedure of the Court, subject to the Constitution and law. These articles recognize the autonomy and independence of each other, respectively, barring interference of one into the other’s domain.
The president further stated that the Supreme Court of Pakistan is an independent institution, and Article 191 was incorporated to secure the independence of the judiciary fully. The competence of the Parliament to make laws stems from the Constitution itself, and Article 70 relates to the introduction and passing of Bills with respect to any matter in the Federal Legislative List, enumerated in the Fourth Schedule of the Constitution. Entry 55 of Part I of the Fourth Schedule empowers the Parliament to make laws in respect of jurisdiction and powers of all courts except the Supreme Court, which is excluded.
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According to the president, the Bill prima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation. The Constitution conferred the Supreme Court with Appellate Jurisdiction, Advisory, Review, and Original Jurisdiction, and Article 184(3) focuses on the original jurisdiction of the Court – providing for the mode and manner for invoking it and providing Appeal. The president believes that the idea may be laudable, but such a purpose cannot be achieved without amending the provisions of relevant Articles of the Constitution. The Constitution is a higher law, and its provisions cannot be amended by an ordinary law.
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