The National Assembly on Friday unanimously passed a resolution rejecting what it deemed as the Supreme Court's attempt to usurp parliament's authority.
The resolution stated that no institution can interfere in the affairs of others, and expressed concern that one organ of the state blatantly violated the constitution on the occasion of the Golden Jubilee celebrations of 1973.
The resolution further emphasized that parliament has the power to approve or reject the budget, money bill, financial matters, and release of resources. No other institution can suspend or cancel this authority, as doing so would violate the fundamental concept of the Constitution.
The resolution also criticized the Supreme Court's "controversial and unilateral" eight-member bench for fixing the Supreme Court (Practice and Procedure Bill) bill for hearing and called for the government to examine the breach of the Constitution and take necessary steps for its rectification.
In the same session, the National Assembly passed the "Supreme Court Review of Judgements and Orders Bill 2023," which aims to strengthen the apex court's power to review its judgments and orders.
The bill proposes that a person who files a review petition should be allowed to hire the services of a lawyer of their choice and file the petition within 60 days after the verdict is issued. Law Minister Azam Nazeer Tarar said that the bill would facilitate litigants and strengthen the judiciary.
8-member bench led by CJP to hear petition against SC amendment bill tomorrow
Defence Minister Khawaja Asif stressed that parliament has never trespassed in the territory of other institutions and emphasized that they do not intend to do so. The house also passed the Code of Civil Procedure Amendment Bill, 2023 and the National Accountability Amendment Bill, 2023.
The resolution expressed concerns about the Supreme Court's recent decision to fix the Supreme Court (Practice and Procedure) Bill 2023 for hearing before a "controversial and unilatera"l eight-member bench. The resolution stated that this move goes against the Constitution and law practice and demonstrates haste, which is condemnable.
In response to the resolution, the federal government was directed to carefully examine this breach of the Constitution and take steps to rectify it in accordance with the law.
In addition to passing the resolution, the National Assembly also passed several bills aimed at strengthening the judiciary and facilitating litigants.
The "Supreme Court Review of Judgements and Orders Bill 2023" proposes that a person who files a review petition should be allowed to hire a lawyer of their choice and file the petition within 60 days of the verdict being issued. The bill was moved by ruling party lawmaker Shaza Fatima Khawaja.
The National Assembly also passed the "Code of Civil Procedure Amendment Bill 2023" and the "National Accountability Amendment Bill 2023," both of which were moved by Law Minister Azam Nazeer Tarar.
Speaking on the occasion, several ministers emphasized that legislation is the prerogative of parliament, and the government is committed to strengthening the judiciary and ensuring greater transparency in its procedures.
Last week, a simple majority of the National Assembly passed the bill and sent it to the President for approval. However, the president returned the bill for reconsideration to parliament as per the provisions of the Article 75 of the Constitution, stating that the bill prima-facie travels beyond the competence of parliament and can be assailed as colourable legislation.
After the development, the joint sitting of Parliament on April 10 passed the Supreme Court (Practice and Procedure) Bill, 2023, which was challenged in the top court, with a prayer to declare the “impugned” bill as ultra vires and unconstitutional and of no legal effect.
Advocate Muhammad Shafay Munir filed a constitutional petition under Article 184(3) to “safeguard the Constitution and independence of (the) judiciary”, and cited the secretary Ministry of Law and Justice, the secretary Senate, and the secretary of the National Assembly as respondents.
Meanwhile, another citizen Saeed Aftab Khokhar has submitted a petition to the Islamabad High Court (IHC) in this regard.
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