President Alvi Withholds Assent for Second Time on Bill Curbing CJP Powers, Citing Subjudice Matter.

Introduction: On Wednesday, President Arif Alvi for the second time refused to sign the Supreme Court (Practice and Procedure) Bill 2023, which aimed to curtail the powers of the Chief Justice of Pakistan (CJP). The bill was sent back to parliament on the grounds that the matter was now subjudice, with the competency of legislation and validity of the bill under consideration before the country's highest judicial forum.

Background:

The legislation was approved by the federal cabinet on March 28 and passed by both houses of parliament - the National Assembly and Senate - before the president first refused to sign it into law. The bill seeks to deprive the CJP of powers to take suo motu notice in an individual capacity and give the right to appeal in all suo motu cases with retrospective effect.

Second Refusal by the President: President Alvi has cited the ongoing legal proceedings and subjudice matter as the reason for withholding his assent for the second time. He explained in his reply that "In deference to the same, thereto no further action is desirable."

Controversial and Unilateral Bench:

The eight-member bench of the Supreme Court (SC), including CJP Umar Ata Bandial, issued an order three days after the passing of the bill by the joint parliament session, barring the government from implementing the bill after it becomes a law. The federal government and the Pakistan Bar Council have raised objections to the bench that has taken up the matter, terming it "controversial and unilateral."

Content of the Bill:

The proposed law stipulates that a three-member bench, comprising the CJP and the two senior-most judges of the apex court, will decide whether or not to take up a matter suo motu. Additionally, every cause, matter, or appeal before the apex court would be heard and disposed of by a bench, constituted by a committee made up of the chief justice and the two senior-most judges. The legislation also includes the right to file an appeal within 30 days of the judgment in a suo motu case and that any case involving constitutional interpretation will not have a bench of fewer than five judges.

Appeal of Disqualification: The bill seeks to allow former Prime Minister Nawaz Sharif and other parliamentarians disqualified by the Supreme Court under suo motu powers (such as Jahangir Tareen) to appeal their disqualification within 30 days of the law's enactment.

Main

The withholding of the president's assent for the second time on the bill curbing CJP powers has put the matter in a state of uncertainty. With the Supreme Court's eight-member bench issuing an order barring the government from implementing the bill, the legal proceedings will determine the fate of the proposed law.

President Arif Alvi returns bill aimed at clipping CJP's powers without assent for second time

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