The main provision of the newly amended Supreme Court Procedure and Practices (SCPP) Act 2024 is to empower the Chief Justice to select the third member of his choice for the three-member committee responsible for determining the composition of Supreme Court benches.
This role is of paramount importance, as it greatly influences the direction any given case will take. While the current Chief Justice, whom the government believes it has empowered through this amendment, will soon complete his tenure, the next Chief Justice—who is largely perceived as being less favorable to the government—is expected to assume this power.
This upcoming Chief Justice is likely to hold office for several years and could leverage this authority to challenge the vested interests of the government, potentially creating significant challenges for them in the future.
Parliament has passed other laws similarly, often drafted hastily and merely rubber-stamped, only for their flaws to become evident, requiring them to be reversed later.
A notable example is the decision to replace retired judges with serving judges in the Election Tribunal. The ruling elite eventually recognized the mistake in this amendment and reverted to the original practice of appointing retired judges as presiding officers, highlighting the importance of foresight and careful legislative deliberation.
Governments knew very well that Laws enacted through thorough consultation, debate, and stakeholder engagement tend to be more effective and beneficial in the long term. For example, the Civil Rights Act of 1964 in the US and the Disability Discrimination Act (1995) in the UK underwent extensive deliberations, ensuring they addressed the complexities of societal issues, resulting in enduring positive impacts.
Engaging stakeholders and following established procedures enable laws to consider diverse perspectives and prevent unintended consequences.
In contrast, laws passed hastily without due process often face resistance, reversals, and negative outcomes. The Farm Laws in India (2020), enacted without adequate consultation, triggered widespread protests and were eventually repealed.
Similarly, the Prohibition laws in the US (1920-1933), passed without understanding societal implications, led to organized crime and corruption, demonstrating the pitfalls of bypassing rigorous scrutiny.
Qamar Bashir
Copyright Business Recorder, 2024
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