Pakistan adopts bill to limit powers of Chief Justice amid protest

Pakistan's Senate passed the bill to curtail the powers of the chief justice of the Supreme Court regarding suo motu cases and the constitution of benches. Minister for Law and Justice Azam Nazeer Tarar introduced 'The Supreme Court (Practice and Procedure) Bill, 2023', a day after it was passed by the National Assembly. Pakistan Tehreek-e-Insaf Senators opposed the bill, saying it was in violation of the constitution as matters related to the Supreme Court could be dealt with amendments in the constitution through a one-third majority. Accrding to Geo News,  at least 60 senators approved the bill while 19 lawmakers voted against it. The law minister said, “A new trend was seen in the Supreme Court in the past two decades — instead of running the court through collective thinking, the court became dependent on an individual.” Tarar argued it was the opinion of various stakeholders in the country — including “bar councils, bar associations, parliament, civil society, business sector and government officials” — that an order of “trichotomy of power” has been devised in the Constitution. The minister lamented that the “state had incurred losses worth billions of dollars due to suo-motu notices”.

Leader of the Opposition Dr Shahzad Waseem slammed the bill saying that the government is unable to ensure a smooth distribution of wheat and planning to make rules for the Supreme Court. “Making rules for the Supreme Court is an indirect attack (on the judiciary. You are trying to create division in the Supreme Court,” claimed Dr Waseem. He added that the bill did not talk about the right of appeal before and later in the standing committee the right to appeal was also given on previous cases. The PTI senators hold a protest in the upper house. Prime Minister Shehbaz Sharif has said that the passage of the Supreme Court (Practice & Procedure) Bill 2023, will institutionally strengthen the apex court. “It will help make the process of bench formation and exercise of Article 184 (3) transparent and inclusive, thus serving the cause of justice,” he tweeted.

As per Dawn, the Judicial reorm Bill will more likely to complcate SC's problem rather than solve them. The newspaper has also raised  the question of timing: it was strange that the government sprang into action with a legislative proposal so quickly after the surfacing of the dissenting opinion of two judges of the Supreme Court in which they objected to a suo motu notice taken by the chief justice.