Checks and balances: NA passes bill to clip CJP's suo motu powers.

ISLAMABAD -- In a bid to bolster checks and balances in the higher judiciary, the National Assembly passed the Supreme Court (Practice and Procedure) Bill, 2023, tabled to limit Pakistan's top judge's discretionary powers to take suo motu notice.

The bill was passed hours after National Assembly Standing Committee on Law and Justice gave its consent.

The bill was moved by the government after two Supreme Court judges - Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail - raised questions over the powers of the chief justice of Pakistan (CJP), saying the apex court 'cannot be dependent on the solitary decision of one man, the Chief Justice'.

The debate was held in the NA after the sub-committee passed it by including some amendments, which include:

Right to appeal against the suo motu verdicts taken up to 30 days before the passing of the Lawyers' Protection Act

Any case that involves interpreting the Constitution will not have a bench with fewer than five judges

Following the nod from the lower house, the bill will now be presented in the Senate on Thursday (tomorrow).

Sharing his take on the bill, Defence Minister Khawaja Asif said that the power of one person in the supreme court is being divided among three members.

'An attempt was being made to give an impression that [we] are reducing or snatching away the Supreme Court's powers,' he said, clarifying that the house is making the entire process transparent.

The minister added that the Parliament is supreme and parliamentarians are the creators of the Constitution using their constitutional right to legislate.

'We are definitely not taking away the power of the Supreme Court, but the house is using its right. We are using our right to legislate,' the politician, who is also a member of the Pakistan Muslim League-Nawaz (PML-N), said.

He added that the legislation is being enacted in two days and all essentials have been completed.

Asif maintained that this law should have been passed long ago, recalling that an attempt was made to introduce this legislation 15 years ago. 'The bar was in favour at that time, while the bench resisted and we did not succeed.'

The minister said the parliament is also empowering two judges and that it is giving the right to appeal as well.

The PML-N stalwart also suggested revisiting Article 209 of the Constitution which pertains to the Supreme Judicial Council.

The defence minister questioned the judiciary's decision to disqualify the country's...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT