ISLAMABAD
\nPresident Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023, for reconsideration to parliament, stating that the legislation \u201cprima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation\u201d.
\nThe president has returned the bill unsigned as per the provisions of the Article 75 of the Constitution days after it was sent to him for approval after it sailed through the National Assembly and Senate amid standoff between the government and the Supreme Court over snap elections in Punjab and Khyber Pakhtunkhwa.
\nThe president said he thought it fit and proper to return the Bill, in accordance with the Constitution, with the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the Court of Law).
\nThe president said several aspects were required for due consideration. Firstly, \u201cArticle 191 of the Constitution empowers the Supreme Court \u2018to make rules regulating the practice and procedure of the Court\u2019. Under such enabling provisions of the Constitution, the Supreme Court Rules 1980 have been made and in force duly validated \u2013 and adopted by the Constitution itself. These time-tested Rules are being followed ever since the year 1980 \u2013 any tinkering with the same may tantamount to interference with the internal working of the Court, its autonomy and independence,\u201d he highlighted.
\nHe said the Constitution was founded on the concept of trichotomy of power \u2013 three pillars of the State whose domain of power, authority and functions are defined and delineated by the Constitution itself.
\nHe also cited Article 67 and Article 191 of the Constitution that define the limits of parliament and the Supreme Court of Pakistan.
\nArticle 67 that states – \u201csubject to the Constitution, a House may make rules for regulating its procedure and the conduct of its business….\u201d while Article 191 states that \u201csubject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court\u201d.
\nThe president said, \u201cArticles 67 & 191 are akin to each other and recognize the autonomy and independence of each other respectively \u2013 barring interference of one into the other\u2019s domain\u201d.
\nHe said the top court was an independent institution as visualised by the founding fathers that in the state of Pakistan \u2018independence of judiciary shall be fully secured\u2019. With such an objective in view, Article 191 was incorporated and the Supreme Court was kept out of the law-making authority of parliament.
\nThe competence of parliament to make laws stems from the Constitution itself, he highlighted.
\n\u201cArticle 70 relates to \u2018introduction and passing of Bills\u2019 with respect to any matter in the Federal Legislative List \u2013 enumerated in the Fourth Schedule of the Constitution. Followed and further affirmed are the provisions of Article 142(a) that Parliament can make laws \u2018with respect to any matter in the Federal Legislative List\u2019. Entry 55 of Part I of Fourth Schedule while empowering the Parliament to make laws in respect of \u2018jurisdiction and powers of all courts except the Supreme Court\u2019 especially excluded the Supreme Court,\u201d Mr Alvi said.
\nThus, the Bill prima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation.
\n\u201cThe Constitution confers the Supreme Court with Appellate Jurisdiction (Articles 185 \u2013 212), Advisory (Article 186), Review (Article 186), (Article 186) and Original Jurisdiction (Article 184). Article 184(3), the focus of the Bill relates to original jurisdiction of the Court \u2014 providing for the mode and manner for invoking it and providing Appeal.
\nThe idea may be laudable but can such a purpose be achieved without amending the provisions of relevant Articles of the Constitution \u2014 established law is that the provisions of the Constitution cannot be amended by an ordinary law as the Constitution is a higher law \u2014 father of laws \u2014 a Constitution is not an ordinary law, but rather an embodiment of fundamental principles, higher law, and law above other<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD President Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023, for reconsideration to parliament, stating that the legislation \u201cprima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation\u201d. The president has returned the bill unsigned as per the provisions of the Article 75 of […]<\/p>\n","protected":false},"author":2,"featured_media":324617,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[1218],"class_list":{"0":"post-324734","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-top-news","8":"tag-president-alvi"},"yoast_head":"\n