President of Pakistan Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023 to the Parliament for reconsideration, in accordance with the provisions of Article 75(2) of the Constitution of Pakistan.
The President stated that the Bill "prima facie travels beyond the competence of the Parliament" and "can be assailed as a colourable legislation". The President thought it fit and proper to return the Bill, in accordance with the Constitution, "with the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the Court of Law)".
The office of the President of Pakistan is an apolitical constitutional position, but incumbent Dr Arif Alvi has long been accused of partisanship and favouring Pakistan Tehreek-e-Insaf (PTI) - to which Alvi belongs - and former premier Imran Khan. Allegations of political favouritism, bench fixing and grouping among judges are now being made against the Supreme Court of Pakistan, specifically current Chief Justice Umar Ata Bandial, who is under intense pressure to rescind the controversial minority judgment ordering elections be held in Punjab on May 14.
President Alvi said that, after an in-depth consideration of the Supreme Court (Practice and Procedure) Bill, 2023 that provides “for the practice and procedure of the Supreme Court of Pakistan”, certain aspects required due consideration from Parliament. The Bill was passed by the National Assembly on March 29, and then by the Senate on March 30.
President Alvi defended the "time-tested" Supreme Court Rules of 1980, saying that "any tinkering with the same may tantamount to interference with the internal working of the Court, its autonomy and independence". The President seems unaware of a recent verdict that decried a "one-man show" going on in the Supreme Court of Pakistan; a thinly veiled allusion to the seemingly autocratic powers enjoyed by the Chief Justice of Pakistan.
President Alvi also attempted to present some legal reasoning - howsoever convoluted - that Articles 67 & 191 of the Constitution were "akin to each other" and "recognize the autonomy and independence of" the judiciary and the executive. The President wrote that these constitutional provisions prevented "interference of one into the other’s domain". Clearly, President Alvi does not believe that Parliament is supreme, or has the sole legitimate authority to make laws, unless PTI holds the majority.
President Alvi goes on to give his view that Article 191 kept the Supreme Court "out of the law-making authority of the Parliament". It is surprising that the President believes Pakistan's Parliament - which has passed laws declaring who is a Muslim and who isn't - would not have legislative authority over another state institution, no matter how much power it has expropriated during the hybrid regime era. Indeed, it seems the President must consult his legal advisors once again to understand what the law-making authority of Parliament is and should be.
President Alvi acknowledges that "the competence of the Parliament to make laws stems from the Constitution itself". The President refers to "entry 55 of Part I of Fourth Schedule" which empowers Parliament to make laws in respect of jurisdiction and powers of "all courts except the Supreme Court". Due to this, the President believes that the Bill "travels beyond the competence of the Parliament and can be assailed as a colourable legislation".
Article 184(3) of the Constitution, which is the focus of the Bill, relates to the original jurisdiction of the Supreme Court and, according to President Alvi, already provides for "the mode and manner for invoking it and for providing opportunity to appeal". "The idea may be laudable but can such a purpose be achieved without amending the provisions of relevant Articles of the Constitution," the President observed, adding that "the Constitution cannot be amended by an ordinary law as the Constitution is a higher law – father of laws". President Alvi explains that the "Constitution is not an ordinary law, but rather an embodiment of fundamental principles, higher law, and law above other laws".
As the Supreme Court (Practice and Procedure) Bill, 2023 has been returned to Parliament, both houses thereof (the Senate and the National Assembly) must sit in joint session and approve the Bill once more, and secure a majority of votes from those present and voting. After its passage by the joint sitting, Article 75(2) states that the President of Pakistan has ten days to give his assent to the Bill, failing which it will automatically become law and the President's objections to the Bill will be rendered meaningless.
The President stated that the Bill "prima facie travels beyond the competence of the Parliament" and "can be assailed as a colourable legislation". The President thought it fit and proper to return the Bill, in accordance with the Constitution, "with the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the Court of Law)".
The office of the President of Pakistan is an apolitical constitutional position, but incumbent Dr Arif Alvi has long been accused of partisanship and favouring Pakistan Tehreek-e-Insaf (PTI) - to which Alvi belongs - and former premier Imran Khan. Allegations of political favouritism, bench fixing and grouping among judges are now being made against the Supreme Court of Pakistan, specifically current Chief Justice Umar Ata Bandial, who is under intense pressure to rescind the controversial minority judgment ordering elections be held in Punjab on May 14.
President Alvi said that, after an in-depth consideration of the Supreme Court (Practice and Procedure) Bill, 2023 that provides “for the practice and procedure of the Supreme Court of Pakistan”, certain aspects required due consideration from Parliament. The Bill was passed by the National Assembly on March 29, and then by the Senate on March 30.
President Alvi defended the "time-tested" Supreme Court Rules of 1980, saying that "any tinkering with the same may tantamount to interference with the internal working of the Court, its autonomy and independence". The President seems unaware of a recent verdict that decried a "one-man show" going on in the Supreme Court of Pakistan; a thinly veiled allusion to the seemingly autocratic powers enjoyed by the Chief Justice of Pakistan.
President Alvi also attempted to present some legal reasoning - howsoever convoluted - that Articles 67 & 191 of the Constitution were "akin to each other" and "recognize the autonomy and independence of" the judiciary and the executive. The President wrote that these constitutional provisions prevented "interference of one into the other’s domain". Clearly, President Alvi does not believe that Parliament is supreme, or has the sole legitimate authority to make laws, unless PTI holds the majority.
President Alvi goes on to give his view that Article 191 kept the Supreme Court "out of the law-making authority of the Parliament". It is surprising that the President believes Pakistan's Parliament - which has passed laws declaring who is a Muslim and who isn't - would not have legislative authority over another state institution, no matter how much power it has expropriated during the hybrid regime era. Indeed, it seems the President must consult his legal advisors once again to understand what the law-making authority of Parliament is and should be.
President Alvi acknowledges that "the competence of the Parliament to make laws stems from the Constitution itself". The President refers to "entry 55 of Part I of Fourth Schedule" which empowers Parliament to make laws in respect of jurisdiction and powers of "all courts except the Supreme Court". Due to this, the President believes that the Bill "travels beyond the competence of the Parliament and can be assailed as a colourable legislation".
Article 184(3) of the Constitution, which is the focus of the Bill, relates to the original jurisdiction of the Supreme Court and, according to President Alvi, already provides for "the mode and manner for invoking it and for providing opportunity to appeal". "The idea may be laudable but can such a purpose be achieved without amending the provisions of relevant Articles of the Constitution," the President observed, adding that "the Constitution cannot be amended by an ordinary law as the Constitution is a higher law – father of laws". President Alvi explains that the "Constitution is not an ordinary law, but rather an embodiment of fundamental principles, higher law, and law above other laws".
As the Supreme Court (Practice and Procedure) Bill, 2023 has been returned to Parliament, both houses thereof (the Senate and the National Assembly) must sit in joint session and approve the Bill once more, and secure a majority of votes from those present and voting. After its passage by the joint sitting, Article 75(2) states that the President of Pakistan has ten days to give his assent to the Bill, failing which it will automatically become law and the President's objections to the Bill will be rendered meaningless.