President Dr Arif Alvi has sent back the Supreme Court bill for revision.
The Supreme Court (Practice and Procedure) Bill 2023, which aims to clip the powers of the chief justice of Pakistan, sailed through both houses of parliament and was sent to the president to be signed into law.
However, the president sent the bill back to parliament for revision under Article 75 of the Constitution.
In his detailed reply, which he also posted on Twitter, 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)”.
Alvi pointed out several aspects that need consideration after an in-depth consideration.
President Alvi said that SC Rules 1980 had been “made and in force duly validated and adopted by the Constitution itself” under enabling provisions such as Article 191 of the Constitution which empowers the top court to make rules regulating the practice and procedure of the court.
“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,” the letter stated.
The purpose of the proposed bill is to provide a procedure for exercising preliminary jurisdiction and appealing.
“It may be admirable, but can it be done without a constitutional amendment?” President Alvi questioned.
He further said it is a settled law that constitutional provisions cannot be amended by ordinary legislation. “The Constitution is the supreme law; the father of all laws,” he added.
The president further maintains that the Constitution is not a general law, but an embodiment of laws above fundamental principles, supreme law and other laws.
Article 191 of the Constitution empowers the Supreme Court to make rules to regulate judicial proceedings and procedure.
Calling out the President, Federal Minister for Climate Change, Sherry Rehman tweeted, “President Arif Alvi sent the bill back to the Supreme Court for review and proved that he is not the President of the country but is still the Secretary-General of Tehreek-e-Insaaf. He has seen every decision of Parliament from Tehreek-e-Insaaf’s point of view. Even before receiving the bill, he had given his stand on it in an interview.”
“He is following his party policy, not the constitutional position of the President. The President is saying that this bill is beyond the power of the Parliament. For three and a half years, he has been running the President’s House like an ordinance factory. How can he know the powers of the parliament? President, do not teach the Parliament how to legislate,” tweeted Rehman.
