The Supreme Court of Pakistan has decided to examine whether the proposed Supreme Court (Practice and Procedure) Bill 2023, aimed at reducing the powers of the Chief Justice of Pakistan (CJP), violates the Constitution. An eight-judge bench, headed by Justice Umar Ata Bandial, was constituted to hear three petitions challenging the bill. While the CJP noted the importance of judicial independence, he also stated that he respects the parliament. The proposed law would take away the CJP's powers to take suo motu notice in an individual capacity. After initially passing both houses of parliament, the bill was sent back by the president, who said it exceeded the competence of parliament. However, it was passed by a joint sitting of parliament on Monday. The court issued notices to the political parties, the federal government, the Attorney General for Pakistan, the Pakistan Bar Council, the Supreme Court Bar Association of Pakistan, and other respondents in the case. The case was adjourned until May 2. The detailed order stated that the bill prima facie violates the Constitution on several grounds, including interfering with the independence of the judiciary. The order suggested that an interim measure should be put in place to prevent the imminent danger that is irreparable. The order highlighted that any regulation of the matters laid out in clauses two to four purports to trump anything contained in the rules. The order stated that clause eight of the bill sought to reinforce this by giving overriding effect to its provisions over any rules and any judgment of any court, which is a serious encroachment upon, interference with, and intrusion into the independence of the judiciary.
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