Staff Report
ISLAMABAD: President Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023, for reconsideration to parliament, stating that the legislation “prima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation”.
The president has returned the bill unsigned as per the provisions of the Article 75 of the Constitution days after it was sent to him for approval after it sailed through the National Assembly and Senate amid standoff between the government and the Supreme Court over snap elections in Punjab and Khyber Pakhtunkhwa.
The president said he 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 president said several aspects were required for due consideration. Firstly, “Article 191 of the Constitution empowers the Supreme Court ‘to make rules regulating the practice and procedure of the Court’. Under such enabling provisions of the Constitution, the Supreme Court Rules 1980 have been made and in force duly validated – and adopted by the Constitution itself. These time-tested Rules are being followed ever since the year 1980 – any tinkering with the same may tantamount to interference with the internal working of the Court, its autonomy and independence,” he highlighted.
He said the Constitution was founded on the concept of trichotomy of power – three pillars of the State whose domain of power, authority and functions are defined and delineated by the Constitution itself.
He also cited Article 67 and Article 191 of the Constitution that define the limits of parliament and the Supreme Court of Pakistan.
