In a not-so-surprising move, President Dr Arif Alvi has sent back the Supreme Court bill for revision.
The Supreme Court (Practice and Procedure) Bill 2023, that aims to clip the powers of the chief justice of Pakistan, sailed through both house of parliament, and was sent to the president to be signed into law.
However, the president sent the bill back to parliament for revision under Article 75 of the Constitution.
According to the president, this bill is beyond the jurisdiction of parliament.
The president maintained that the bill can be challenged in court for being ‘colorable legislation’.
“I think it is appropriate to return the bill for correction and scrutiny,” President Alvi remarked.
He also stated that the Constitution confers the Supreme Court with appellate jurisdiction, advisory, review and original jurisdiction. The proposed bill relates to Article 184(3), the original jurisdiction of the Supreme Court.
The purpose of the proposed bill is to provide a procedure for exercising preliminary jurisdiction and appealing.
“It may be admirable, but can it be done without a constitutional amendment?” President Alvi questioned.
He further said it is a settled law that constitutional provisions cannot be amended by ordinary legislation. “The Constitution is the supreme law; the father of all laws,” he added.
The president further maintains that the Constitution is not a general law, but an embodiment of laws above fundamental principles, supreme law and other laws.
Article 191 of the Constitution empowers the Supreme Court to make rules to regulate judicial proceedings and procedure.
