Suo motu clipped.

The law to curtail the powers of the chief justice in invoking suo motu proceedings has come at a wrong time. While the apex court is seized with a litigation of public importance pertaining to the holding of elections in two provinces, and that too under suo motu jurisdiction of Article 184(3) of the Constitution, the legislation to take out the discretionary powers will surely be contested. It is widely being seen as a retribution measure by the government as it is on the other side of the divide.

Though there are umpteen arguments to slash the suo motu powers in the office of the chief justice, and to bestow them with a panel of senior judges, and likewise the unilateral privilege of constituting the benches, the legislation to amend them should have been put off till the disposition of the current hearing. Precisely, it makes it a double-edged sword fight between the judiciary and the parliament, quite unacceptable at a moment when political instability is ripe and the society is divisive to the core.

The cabinet's haste to approve the draft bill pertaining to curtailment of discretionary powers in the office of the CJP, and its subsequent...

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