This is apropos a letter to the Editor headlined “Reckless Amendment” by this writer carried by the newspaper on Tuesday. Ultimately, enacting laws through a set procedure ensures public trust, legitimacy, and adaptability.
Comprehensive processes, like those behind the Social Security Act (1935) and the Affordable Care Act (2010) in the US, have led to long-lasting, impactful legislation that remains relevant and resilient, proving that deliberate, inclusive law-making yields more successful outcomes.
Contrary to the established principle that enacting or amending laws requires thorough scrutiny to ensure they provide long-term benefits to the general public, the government appears to be enacting laws and amending existing ones hastily, primarily in an attempt to maintain its hold on power.
In doing so, they are deviating from established practices and legal norms, particularly the principle that laws should not be applied retrospectively.
For instance, the retrospective amendments to the Election Act 2023 in Pakistan seem intended to alter the outcomes of elections conducted under that law, potentially undermining democratic principles and the legitimacy of the electoral process.
Previously, election tribunals were required to resolve disputes within a stipulated six-month period. However, recent amendments introduced flexibility, allowing tribunals to seek extensions if cases were complicated or required more time.
The recent amendment to the Supreme Court (Practice and Procedure) Act 2024, signed by President Asif Ali Zardari, expands the Chief Justice of Pakistan’s power to select a judge for the committee overseeing the Supreme Court’s affairs, giving the Chief Justice more control over case assignments.
The amendment also mandates that all hearings be recorded, with transcripts made publicly available. Additionally, a sub-clause limiting the right of appeal was removed.
Qamar Bashir
Copyright Business Recorder, 2024
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