ISLAMABAD: President Arif Alvi returned the measure limiting the top justice’s powers on Saturday. It was with a request for reconsideration to address concerns about its legitimacy.
The president returned the Supreme Court (Practice and Procedure) Bill, 2023 to parliament for reconsideration under Article 75 of the Constitution. It argues that the measure prima-facie exceeds parliament’s authority and is colorable legislation.
Last month, parliament passed the measure and handed it to the president for assent. Amid a growing political and constitutional crisis over Punjab and Khyber Pakhtunkhwa elections.
After Alvi’s veto, the government may pass the bill in a joint session.
President Alvi wrote to Prime Minister Shehbaz Sharif stating he believed it appropriate to return the law, in conformity with the Constitution, for reconsideration to address concerns regarding its legitimacy (if assailed in the Court of Law).
While, After careful investigation, Alvi noted numerous issues.
Moreover, President Alvi noted that SC Rules 1980 “made and in force duly validated and adopted by the Constitution itself”. Its under enabling provisions like Article 191, which allows the top court to make rules controlling its practise and procedure.
“These time-tested rules being followed ever since the year 1980 —any tinkering with the same may tantamount to interference with the internal working of the Court, its autonomy and independence,” the letter added.
The president also questioned the division of powers.
Trichotomy of power
“Our Constitution founded on the concept of trichotomy of power – three pillars of the State whose domain of power, authority and functions defined. As well as delineated by the Constitution itself”.
Alvi said Article 67 allowed parliament to “establish rules for governing its procedure and the conduct of its activities[…]. Moreover, The Supreme Court “may make rules regulating the Court’s practise and procedure” under Article 191.
“Articles 67 and 191 are akin to each other and recognise the autonomy and independence of each other respectively. Barring interference of one into the other’s domain,” the letter stated.
The president also said that the founding fathers envisioned “independence of the judiciary shall be fully secured” in Pakistan. Which included the supreme court.
It said that Article 191 was introduced to exclude the Supreme Court from Parliament’s lawmaking jurisdiction.
The letter further noted that the Constitution grants parliament lawmaking authority.
“Article 70 relates to ‘introduction and passing of Bills’ with respect to any matter in the Federal Legislative List — enumerated in the Fourth Schedule of the Constitution.”
It added that item 55 of Part I of the Fourth Schedule authorises Parliament to pass laws regarding the “jurisdiction and powers of all courts except the Supreme Court”
“The Supreme Court has Appellate, Advisory, Review, and Original Jurisdiction (Articles 185–212) under the Constitution (Article 184). Article 184(3) focuses on the Court’s original jurisdiction, including how to use it and appeal “letter read.
It wondered if such a goal could be realised without modifying relevant Constitutional Articles, noting that “an ordinary law as the Constitution is a higher law – father of laws” prevents such revisions.
“A Constitution is not an ordinary law, but rather an embodiment of fundamental principles, higher law, and law above other laws,” the letter ended.
