President Arif Alvi on Saturday returned to Parliament a bill seeking to curtail the chief justice’s powers on suo motu proceedings, saying it is beyond the authority of Parliament.
Citing Article 75 of the Constitution, Alvi returned the Supreme Court (Practice and Procedure) Bill 2023 for “reconsideration,” questioning whether the bill’s focus on the original jurisdiction of Article 184(3) could be achieved without amending the provisions of relevant Articles of the Constitution.
The bill, approved by both houses of Parliament last month, was sent to the president for his approval amidst a growing impasse between the Supreme Court and the legislature over the conduct of elections in Punjab and Khyber-Pakhtunkhwa. Following Alvi’s refusal to assent to the bill, the government would likely get it approved through a joint session before sending it back to him. He would then have 10 days to sign off on the bill, with it becoming de facto law after that span.
In his letter to Prime Minister Shehbaz Sharif, the president outlined the aspects he believed required due consideration. Noting that Article 191 of the Constitution had empowered the Supreme Court to frame its own rules, he said the Supreme Court Rules 1980 had been framed under it and tinkering with them “may tantamount to interference with the internal working of the court, its autonomy and independence.”
Stressing that the Constitution was founded on the concept of the trichotomy of power, with Articles 67 and 191 recognizing the judiciary and legislature’s autonomy, respectively, he said this effectively barred interference of one into the other’s domain. The president stated that the apex court was an independent institution as visualized by the founding fathers, adding that the Constitution empowered Parliament to make laws.
“Article 70 relates to ‘introduction and passing of bills’ with respect to any matter in the Federal Legislative List—enumerated in the Fourth Schedule of the Constitution,” he said, adding that the apex court was excluded under entry 55 of Part I of the Fourth Schedule, which empowers Parliament to make laws in respect of the “jurisdiction and powers of all courts except the Supreme Court.”
Alvi further noted that the Constitution conferred the Supreme Court with Appellate Jurisdiction (Articles 185-212); Advisory (Article 186); Review (Article 186); and Original Jurisdiction (Article 184). Noting the bill in question focused on Article 184(3)—providing for the mode and manner for invoking it and providing appeal—he asked if such a purpose could be achieved without amending the provisions of relevant articles of the Constitution, while keeping in view that such amendments cannot be made under “an ordinary law as the Constitution is a higher law—father of laws.”
To meet the scrutiny about the bill’s validity—if assailed in a court of law—Alvi said he thought it “fit and proper” as per Article 75 of the Constitution.
Sherry slams Alvi
Reacting to the president’s letter, Climate Change Minister Sherry Rehman said it proved that was not the president of the country, but rather the secretary-general of the Pakistan Tehreek-e-Insaf (PTI). Alleging that Alvi had already given his stance on the bill even before receiving it, she said he saw every decision of Parliament from the PTI’s point of view. “He is following his party policy, not the constitutional position of the president,” she said, adding that he should not “teach” Parliament to legislate.