stakeholders in the country — including “Bar Councils, Bar Associations, Parliament, civil society, business sector and government officials” — that an order of “trichotomy of power” has been devised in the Consitution.
According to it, “legislation is the work of the appointed, judicial matters will be overseen by the adjudicator — the judiciary — and the administrative machinery to run the country will be subordinate to the Executive”, he added.
Bashing the excessive use of Article 184(3) of the Constitution, he said, “Executives were made to stand on the rostrum repeatedly. Such suo-motu notices were taken […] that matters of cleaning streets were also brought up.”
The minister lamented that the “state had incurred losses worth billions of dollars due to suo-motu notices”, mentioning that losses were faced in the Steel Mills matter and the Reko Diq agreement.
“The liver hospital also became victim to the chief justice [of Pakistan’s] personal ego,” he further said.
Tarar said voices had arisen from the various bar bodies and the Senate that the “jurisdiction of Article 106 of the Constitution be restructured at least” so that it would reflect “collective thinking”.
Defending the need for the bill, he said that there were demands in the recent Senate sessions as well to do legislation to “solve the issue”. He also highlighted that two amendments had been suggested on Wednesday by the standing committee.
Detailing the salient features of the bill, the law minister said that there had now arisen an opinion from within the Supreme Court that the power to constitute benches should not lie under one person only.
“Only collective thinking takes institutions forward. If you want to strengthen institutions, then strengthen the system instead of the personalities so that the institution can deliver,” he asserted.
Tarar further said the bill would solve the issue of