ISLAMABAD, Apr 8,2023- The President of Pakistan sent the judicial reforms bill – Supreme Court (Practice and Procedure) Bill, 2023 back to Parliament for revision under Article 75 of the Constitution.
The president said that in hindsight this bill is beyond the power of parliament, the bill can be challenged in court if it is legally artificial, insufficient.
Arif Alvi said, “I think it is appropriate to return this bill to complete scrutiny and reconsideration as to the correctness of the bill. The Constitution confers appellate, advisory, review and preliminary hearing powers on the Supreme Court.”
He said that the proposed bill deals with Article 184 (3), preliminary jurisdiction of the court, the purpose of the proposed bill is to provide a procedure for exercising preliminary jurisdiction and appeal.
The President questioned that this idea may be commendable but can this goal be achieved without amending the provisions of the Constitution?
He said that the recognized law is that constitutional provisions cannot be amended through ordinary legislation, the constitution is a supreme law, the father of laws, the constitution is not an ordinary law but the fundamental principles, supreme law and other laws. Above is the embodiment of law.
He said that Article 191 empowers the Supreme Court to make rules to regulate judicial proceedings and procedures. Under these provisions of the Constitution, the Supreme Court Rules 1980 were made which were ratified by the Constitution itself. It has been implemented since 1980.
The President said tampering with the examined rules could amount to interference with the internal proceedings, autonomy and independence of the court, the jurisdiction, power and role of the three pillars of the state defined by the Constitution itself, under Article 67. Parliament has the power to make rules to regulate its procedures and business subject to the Constitution.