ISLAMABAD – President Dr Arif Alvi refused to assent to the bill recently passed by the two houses of parliament, seeking to curtail the powers of the Chief Justice of Pakistan (CJP).
Alvi, who belongs to the Pakistan Tehreek-i-Insaf (PTI), has returned the controversial Supreme Court (Practice and Procedure) Bill 2023, using his powers under Article 75(1) of the Constitution.
A handout issued by Presidency said Dr. Alvi returned the bill for reconsideration to the parliament, maintaining that the bill travels beyond the competence of the parliament and can be assailed as colourable legislation.
It said Article 191 of the Constitution empowered Supreme Court to make regulating the practice and procedure of the Court and under such enabling provisions of the Constitution, the Supreme Court Rules 1980 have been made and in force duly validated and adopted by the Constitution itself.
Dr Alvi maintained that Constitution was founded on the concept of trichotomy of power. The Supreme Court of Pakistan is an independent institution as visualized by the founding fathers. “With such an objective in view, Article 191 was incorporated and the Supreme Court was kept out of the law-making authority of the Parliament”.
Pakistan’s National Assembly passes bill to clip Supreme Court’s power
Earlier, the Supreme Court (Practice and Procedure) Bill 2023 was approved by both houses of the parliament last month and sent to the president amid a deepening political and constitutional crisis in the country over elections.
