A joint session of Parliament on Monday passed the Supreme Court (Practice and Procedure) Bill 2023—aimed at curtailing the chief justice of Pakistan (CJP)’s unfettered powers of suo motu—a few days after President Arif Alvi returned it for “reconsideration.”
In a letter addressed to Prime Minister Shehbaz Sharif, the president had maintained that the bill’s aims were beyond the competence of Parliament and could be assailed as a ‘colorable’ legislation. Presenting the bill during the joint sitting, Law Minister Azam Nazeer Tarar said there were concerns about the CJP’s suo motu powers even within the Supreme Court. Noting that the bill had already been discussed in detail in the National Assembly and the Senate, he regretted that the president had used “inappropriate words” while returning the bill, reflecting a “biased” approach.
Echoing comments voiced by the prime minister last week, he said that Alvi should think as the “president rather than a political worker.” He stressed that bar associations and councils had demanded that the bill be introduced and had supported its objectives.
During proceedings, the house approved an amendment—moved by PMLN lawmaker Shaza Fatima Khawaja—to the bill, stating a committee of judges would be convened to devise rules and regulations regarding the suo motu matter. Under the amendment, the CJP or any other member of the committee could call the meeting until the rules and regulations are finalized.
The bill would now be returned to the president for his assent. If he does not grant approval within 10 days, it would be deemed to have been given and the bill would become law.
Simultaneous elections
Also on Monday, the joint sitting adopted a resolution calling for the simultaneous conduct of general elections nationwide to “strengthen the federation.” Moved by Parliamentary Affairs Minister Murtaza Javed Abbasi and Senator Kamran Murtaza, the resolution’s objectives stated that it was aimed at promoting political stability and fostering unity among the provinces. It also noted the significance of appointing neutral caretaker set-ups to ensure impartiality and fairness during elections, which would not be achievable if an elected government were in place in two provinces where elections to the National Assembly had to take place.
If elections in Punjab occur prior to the rest of the country, it stressed, it could potentially marginalize the smaller provinces’ role in the federation. The resolution was rejected by lawmakers of the Pakistan Tehreek-e-Insaf (PTI), who staged a token walkout to register their protest. “Hold elections and save the country,” they chanted on the floor of the House.