Rare Feat: How Justice Isa makes history.

ISLAMABAD -- The Supreme Court, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, has made history by acknowledging the authority of parliament to legislate on matters pertaining to the apex court's operations.

This development holds particular significance as many analysts believe that since the restoration of the judiciary in March 2009, the apex court has been used to weaken civilian institutions, including parliament.

During the tenure of former CJP Iftikhar Chaudhry, the Supreme Court had compelled parliament to introduce the 19th Constitution Amendment to implement the court's recommendations regarding the appointment of judges to the superior judiciary.

During the tenures of former CJPs Iftikhar Muhammad Chaudhry, Mian Saqib Nisar, and Umar Ata Bandial, the Supreme Court struck down numerous laws. The apex court's public interest jurisdiction was often employed for political engineering, leading to the disqualification of several lawmakers under Article 184(3).

However, during the recent case hearings, CJP Isa admitted that the judiciary had been misused, and judgments had been delivered without adhering to due process.

In the past, Supreme Court judges had stressed the supremacy of the Constitution over parliament. These judges had, over the last two decades, interpreted constitutional provisions in a way that established the judiciary's supremacy over parliament. Nevertheless, the apex court had also shown judicial restraint when dealing with the powers that be.

A senior lawyer described the full court's ruling as a significant victory, not only for parliament but also for CJP Isa. He considered it the defeat of judicial arrogance that had prevailed in the form of judicial opinions for a long time.

The majority order, endorsed by ten judges, upheld the Supreme Court (Practice and Procedure) Act, 2023, which regulates the CJP's discretionary powers to constitute benches and list cases.

The misuse of public interest jurisdiction by former CJPs in the last two decades had drawn strong criticism. It often lacked transparency in bench composition and case listing.

Now, a committee comprising three senior judges, including the CJP, will be responsible for forming benches and listing cases. This move aims to bring transparency to the internal workings of the apex court. It is expected that the Supreme Court Rules will also be reviewed by a full court.

Notably, former CJP Umar Ata Bandial did not decide on petitions against the SC...