In a landmark ruling, the Supreme Court of Pakistan has upheld the contentious SC (Practice and Procedure) Act 2023, a law that significantly restricts the powers of the Chief Justice of Pakistan.
This decision comes after weeks of intense hearings and debates, underscoring the tension between the judiciary, the political parties and the government.
The Act, which was challenged for its constitutionality, saw a heated 10-5 majority verdict in favor of its implementation.
A crucial aspect of the verdict was the declaration of sub-section (1) of section 5, granting the right of appeal prospectively, as in accordance with the Constitution.
While reading out the order, CJP Isa noted that five members of the full court bench — Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Sayyed Mazahir Ali Akbar Naqvi, and Justice Ayesha A Malik, and Justice Shahid Waheed — had opposed the law.
The CJP mentioned that sub-section (2) of section 5 of the Act (granting a right of appeal retrospectively) is declared to be ultra vires the Constitution by a majority of 8-7.
Under the Act, a three-member committee, comprising senior judges including the Chief Justice, was given the power of taking suo motu notice, aiming to ensure transparency in the proceedings and allowing the right to appeal. This committee would be responsible for constituting benches for every cause, matter, or appeal before the apex court.
A major point of contention during the proceedings was the interpretation of Article 191, which empowers Parliament to legislate.
The Attorney General argued vehemently in favor of parliamentary supremacy, asserting that Article 191 granted the legislative body the authority to make laws regulating the judiciary. However, the judges raised significant concerns about the potential erosion of the judiciary’s independence under this Act.
Notably, the court ruled that the Act would be effective from its enactment date, April 21, 2023.
This means that Supreme Court verdicts under Article 184(3) made after this date can be appealed for review, a decision that could have far-reaching implications on ongoing cases.
The ruling also stirred discussions about the relationship between Parliament and the Supreme Court. Chief Justice Isa emphasized the need for harmony between these institutions, urging them not to be pitted against each other. He advocated for mutual respect and understanding between the legislative and judicial branches of government.
Critics have questioned the timing of the Act’s enactment, pointing out that it was introduced after decades of dormancy, leading to suspicions about the motivation behind its sudden revival. The verdict has left legal experts and the public alike pondering the future dynamics between the judiciary and Parliament, especially in matters concerning the separation of powers and the independence of the judiciary.
The Supreme Court’s decision, while providing clarity on certain aspects of the Act, has also raised several questions, leaving room for future debates on the delicate balance between legislative authority and judicial independence in Pakistan.
