President Arif Alvi of Pakistan has sent the Supreme Court (Practice and Procedure) Bill 2023 back to Parliament for reconsideration under Article 75 of the Constitution.

President Arif Alvi of Pakistan has sent the Supreme Court (Practice and Procedure) Bill 2023 back to Parliament for reconsideration under Article 75 of the Constitution.

The President stated that in his opinion, the Bill is outside the scope of Parliament's authority and can be challenged in court for being legally insufficient and artificial.

Arif Alvi said that he believes it is appropriate to send the Bill back for further review and examination of its correctness, and that the Supreme Court has the power of appeal, advisory, review, and initial jurisdiction.

He added that the proposed Bill is related to the initial jurisdiction of the court under Article 184(3), and its purpose is to provide a mechanism for exercising that jurisdiction and appealing decisions made under it.

The government has asked whether this idea can be defined, but whether this objective can be achieved without amending the constitution is in question. pic.twitter.com/8j81MkUySX

— JFM Press (@JFMPress) April 8, 2023

The government has asked whether this idea can be defined, but whether this objective can be achieved without amending the constitution is in question. They say that the accepted law is that the constitution cannot be amended through ordinary legislation, as the constitution is a superior law, the father of laws, and not an ordinary law, but a representation of fundamental principles, higher laws, and other laws.

They stated that Article 191 gives the Supreme Court the power to make laws to regulate judicial proceedings and procedures, and the Supreme Court Rules 1980 were created under the Constitution, and have been in effect since 1980.

The President said that violations of the investigated rules may be equivalent to interference in the court's internal proceedings, autonomy, and freedom, and the Constitution has clarified the circle of power, power, and authority of the three pillars of the state. Under Article 67, Parliament has the power to make rules for regulating its procedures and business while remaining subject to the Constitution.

Arif Alvi's statement is that according to Article 191, while remaining within the framework of the Constitution and the law, the Supreme Court can regulate its actions and procedures by making rules. Articles 67 and 191 are closely related, and both recognize the autonomy of the respective institutions in making rules.

He believes that both Article 67 and 191 prevent interference by one institution in the affairs of the other, and Article 191 was added to protect the independence of the judiciary. Article 191 also keeps the power to legislate away from the Parliament's authority and places it with the Supreme Court. The power to legislate was derived from the Constitution.

Regarding Article 70, the President stated that it pertains to presenting and approving bills related to any matter included in the Federal Legislative List. Article 142(a) allows Parliament to legislate on any matter included in the Federal Legislative List. Under the Fourth Schedule, Parliament has the power to legislate on all matters and powers of all courts, including the Supreme Court, except for the Supreme Court's authority to interpret the Constitution.

Arif Alvi also stated that under the Fourth Schedule, the Supreme Court has been specifically excluded from Parliament's power to legislate. The bill is fundamentally beyond the Parliament's jurisdiction, and it is necessary to consider its aspects carefully.