President Arif Alvi has returned a bill to parliament that aimed to clip the powers of the chief justice of Pakistan and give the right to appeal in all suo motu cases with retrospective effect. The president cited that the proposed legislation is beyond the jurisdiction of the legislative body and is susceptible to challenge as a specious enactment. The Supreme Court (Practice and Procedure) Bill, 2023, aimed to deprive the office of the chief justice of Pakistan (CJP) of powers to take suo motu notices in an individual capacity.
The bill was approved by the federal cabinet on March 28 and subsequently passed by the National Assembly and the Senate. The amendments proposed in the Supreme Court's rules have sparked a debate in legal and political circles, with some lawyers criticising it and others saying it was a much-needed bill.
In his detailed reply, which he also posted on Twitter, the president said that 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)".
President Alvi stressed the need for consideration of all aspects after "vetting" the bill. He underlined that Article 191 of the Constitution empowered the Supreme Court "to make rules regulating the practice and procedure of the Court". The president noted that "Under such enabling provisions of the Constitution, the Supreme Court Rules 1980 have been made and in force duly validated - and adopted by the Constitution itself." This indicates that these rules have been validated and adopted by the Constitution itself.
He further stated that "these time-tested Rules are 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."
Alvi cautioned that any attempt to modify or tamper with these rules could be viewed as interference with the internal workings of the court, which could compromise its autonomy and independence.
He went on to say that the Constitution was founded on the concept of trichotomy of power — three pillars of the state whose domain of power, authority, and functions were defined and delineated by the Constitution itself.
"The parliament has also been given the power under Article 67 that states — subject to the Constitution, a house may make rules for regulating its procedure and the conduct of its business."
"Article 191 states that subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the court".
He explained that Articles 67 & 191 were akin to each other and recognise the autonomy and independence of each other respectively — barring interference of one into the other's domain.
The head of the state further said the top court is an independent institution as "visualised by the founding fathers that in the state of Pakistan independence of judiciary shall be fully secured".
"With such an objective in view, Article 191 was incorporated, and the Supreme Court was kept out of the law-making authority of the parliament," he highlighted.
He said the competence of the parliament to make laws stemmed from the Constitution itself. The president highlighted that "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."
He further explained that "followed and further affirmed are the provisions of Article 142(a) that Parliament can — make laws 'with respect to any matter in the Federal Legislative List'."
However, the president noted that "Entry 55 of Part I of Fourth Schedule while empowering the parliament to make laws in respect of 'jurisdiction and powers of all courts except the Supreme Court' especially excluded the Supreme Court."
The president concluded his observation by questioning the feasibility of the idea and asked
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