Supreme Court (Practice & Procedure) Act of 2023

Clash Looms as Supreme Court Prepares to Deliberate Controversial Act Redefining Chief Justice's Powers

The forthcoming hearing of the Supreme Court of Pakistan is enveloped in anticipation and conspiracy as an eight-member bench prepares to delve into a thorny legal dispute surrounding the Supreme Court (Practice & Procedure) Act of 2023. This controversial legislation has become a lightning rod for controversy, as it aims to redefine the powers of the Chief Justice of Pakistan, thereby potentially reshaping the very material of the country's judicial system.

Among the worthy judges composing the bench are Chief Justice Umar Ata Bandial and Justices Ijazul Ahsan, Munib Akhtar, Mazahar Ali Akbar Naqvi, Muhammad Ali Mazhar, Ayesha Malik, Syed Hasan Azhar Rizvi, and Shahid Waheed. This assembly of legal minds, with their diverse surroundings and perspectives, will convene to examine the constitutional implications of the Act and weigh its validity against existing legal frameworks.

The Act, which has already ignited intense debates among legal scholars and politicians, seeks to introduce a paradigm shift in the powers conferred on the Chief Justice. At its core is the provision for a three-member committee, consisting of the Chief Justice and the two most geriatric judges, which will be responsible for forming benches and determining the initiation of suo motu shifting—a power that was previously the sole preeminence of the Chief Justice. This suggested alteration in the decision-making process has generated intense scrutiny and speculation about its potential ramifications on the independence and efficacy of the judiciary.

In the preceding hearing, the Attorney General for Pakistan (AGP), Mansoor Usman Awan, made a dramatic revelation regarding the government's volition to address the controversial "overlapping provisions" within the Supreme Court (Practice & Procedure) Act of 2023 and the Supreme Court (Review of Judgments and Orders) Act of 2023. These overlapping provisions have added a layer of sophistication to an already intricate legal landscape, prompting the court to explore potential avenues for harmonization and coherence.

The Chief Justice, illustrious for his judicious disposition, welcomed the government's foresighted stance, expressing optimism that a coordinated effort between the government and parliament would bring fruitful results in annihilating the conflicting provisions and ensuring legal clarity.

The promenade of the Supreme Court (Practice and Procedure) Bill of 2023, which ultimately consolidated into law, marked a pivotal juncture in the ongoing power struggle surrounding the role of the Chief Justice. Initially endorsed by both houses of Parliament in March, the bill encountered a formidable obstacle when the President, raising anxieties about its constitutional validity, returned it for further scrutiny. Nevertheless, after undergoing a series of emendations and modifications, the bill was ultimately ratified by a joint session of Parliament on April 10.

In a theatrical twist, the Supreme Court, sensing the seriousness of the situation, issued an "anticipatory injunction" on April 13, effectively concluding the government's attempts to enforce the bill. The court, in a display of judicial forethought, highlighted the need to avert potentially irreparable harm that could materialize from implementing a law that was yet to undergo a thorough constitutional review.

However, despite the court's restraining order, the bill metamorphosed into an Act of Parliament on April 21, thereby setting the stage for a fierce clash between the judiciary and the ruling coalition government. Faced with staunch opposition from the judiciary, the President once again refused to provide assent on April 19, returning the draft law to Parliament. Nevertheless, according to Article 75(2) of the Constitution, the bill assumed the status of law when it was reapproved by a majority of members of both houses during a subsequent joint sitting.

Adding fuel to the fire, the National Assembly Secretariat took an unprecedented step by formally instructing the Printing Corporation of Pakistan to publish the law in the official gazette,