Bill restricting CJP’s powers becomes law upon notification by government

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By Webdesk


A signboard pointing to the Supreme Court building.  — Reuters/File
A signboard pointing to the Supreme Court building. — Reuters/File
  • The law is considered to have been approved by President Arif Alvi.
  • Commission to decide whether it should take note under the new law suo motu.
  • Act gives the right to appeal against previous suo motu rulings within the stipulated period.

ISLAMABAD: The Supreme Court (Practice and Procedure) bill, 2023 – which has been the subject of much debate lately – came into force on Friday after the government published it in the official gazette.

The law, which restricts the Chief Justice of Pakistan (CJP) from taking notice of suo motu and establishing banks, was deemed to have been approved by President Dr. Arif Alvi, according to the notice in the official gazette.

The bill was passed by both the National Assembly and Senate last month amid a deadlock between the government and judiciary over elections in Punjab and Khyber Pakhtunkhwa, after which it was sent to the president for approval.

President Alvi, however, sent the bill back to parliament for reconsideration, stating that on its face it “exceeds the powers of parliament” and could be attacked as “coloured legislation”.

The government then got the bill passed by a joint session of parliament on April 10 despite strong protests from Pakistan’s Tehreek-e-Insaf (PTI), after which it was sent back to the president for signature. He refused to sign it again.

According to the Constitution, if the head of state does not approve a piece of legislation within 10 days of it being passed by a joint session of parliament, it is deemed to have been given.

However, an eight-member Supreme Court chamber barred the government on April 13 while hearing petitions to challenge the bill. law of parliament.

Earlier today, the National Assembly also announced that the bill had become law.

What the law says

The Supreme Court (Practice and Procedure) Act, 2023 gives the power to give suo motu notice to a three-judge committee composed of the CJP and the next two supreme judges. Prior to this act, the power to take suo motu rested solely with the Chief Justice.

It also removes the CJP’s authority to form benches, which will now be composed of a committee composed of the Chief Justice and the two highest justices after him.

The commission will hold its first meeting shortly after the law’s enactment to establish its procedures, including those related to forming banks and recording suo motu notices.

It further states that in cases related to the interpretation of the Constitution, the Supreme Court tribunal constituted to hear them will have at least five judges.

It gives the right to appeal against a decision in a suo motu case, which will be determined in a larger court within 14 days. It also gives the right to appeal against judgments announced before the commencement of the law, provided that the appeal is lodged within 30 days.

It states that any request for urgent or provisional measures will be dealt with within 14 days.


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