ISLAMABAD: The government has decided to summon a joint sitting of the parliament on April 10 to table Supreme Court (Practice and Procedure), Bill 2023, aims at ‘clipping’ suo moto powers of the Chief Justice of Pakistan in an individual capacity.
The development came after President Arif Alvi returned the SC bill for reconsideration to the parliament as per the provisions under the Article 75 of the Constitution.
If the Supreme Court (Practice and Procedure) Bill, 2023, is approved by the joint session of parliament with majority, it will be presented to the president again for his assent. If the president does not give his nod to it within 10 days, the approval is deemed to have been given.
The legislation process says, “If the President refers back a bill to Parliament it is considered in a joint session and if passed by majority is deemed to have been passed by both Houses. Sent again to President to give assent in 10 days failing which assent shall be deemed to have been given”.
Earlier in the day, President Dr Arif Alvi has sent back the Supreme Court (Practice and Procedure) Bill, 2023 to the National Assembly for reconsideration, citing concerns that it goes beyond the parliament’s competence and could be deemed as a “colourable legislation.”
The Senate passed the bill on March 30 aiming to strip the chief justice of the power to take suo moto notices individually. The bill was initially approved by the federal cabinet on March 28 and later passed by the National Assembly with a few amendments.
The president pointed out that the Supreme Court is empowered by Article 191 of the Constitution to make rules regarding its practice and procedure, and the Supreme Court Rules 1980 have been in force since their adoption and validation by the Constitution.
Any changes to these rules could interfere with the Court’s autonomy and independence.
