Govt to table SC bill in joint session on Monday

ISLAMABAD: The government has decided to summon a joint sitting of parliament on April 10 to table Supreme Court (Practice and Procedure), Bill 2023 limiting the chief justice’s suo motu powers in an individual capacity.

The development came after President Arif Alvi returned the SC bill for reconsideration to the parliament as per the provisions of the Article 75 of the Constitution.

If the Supreme Court (Practice and Procedure) Bill, 2023, is approved by the joint session of parliament with majority, it will be presented to the president again for his assent. If the president does not give his nod to it within 10 days, the approval is deemed to have been given.

The legislation process says, “If the President refers back a bill to Parliament it is considered in a joint session and if passed by majority is deemed to have been passed by both Houses. Sent again to President to give assent in 10 days failing which assent shall be deemed to have been given”.

President Arif Alvi on Saturday returned the Supreme Court (Practice and Procedure), Bill 2023 limiting the chief justice’s suo motu powers in an individual capacity.

The president returned the bill for reconsideration to the parliment 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 noisy protests by the Pakistan Tehreek-e-Insaf (PTI) legislators.

Arif Alvi stated that the Bill prima-facie travels beyond the competence of the Parliament and can be assailed as colourable legislation.

The President said that 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).

In his letter to Prime Minister Shehbaz Sharif, the president said several aspects required due consideration.

The bill

Under the new legislation, the decision for suo motu notice will be taken by three senior judges of the Supreme Court (SC).

Moreover, the bill also includes a clause regarding the right to appeal against the decision, which could be filed within 30 days and fixed for a hearing in two weeks.

It added that the party will be allowed to change its lawyer in a suo motu case. Under Article 184, the matter will be presented before a judges committee. The committee will review the case and later form a five-member committee for any kind of constitutional interpretation.

The act will be taken into effect on all verdict of the high courts and the Supreme Court (SC).