On Tuesday, the federal government rapidly decided that the Chief Justice of Pakistan (CJP) would no longer have the authority to form benches and initiate suo motu proceedings independently. The government then introduced a bill in the National Assembly to curtail the CJP’s unregulated powers.
NA Speaker Raja Pervaiz Ashraf suggested the bill be sent to the law and justice committee for further discussion, even though it was scheduled to be passed on Tuesday. However, the sequence of events on Tuesday unfolded quickly, with Prime Minister Shehbaz Sharif addressing the NA session, the federal cabinet approving the proposed bill, The Supreme Court (Practice and Procedure) Act, 2023, and the bill being tabled in the NA.
The proposed bill aims to restrict the CJP’s powers to take suo motu notice and create benches independently, following the Supreme Court’s decision to order elections in Punjab and Khyber-Pakhtunkhwa within 90 days of their dissolution. As a result, the federal cabinet amended the suo motu powers of the CJP, stating that the top judge cannot automatically initiate suo motu proceedings. Instead, three Supreme Court judges would decide if the court should initiate such proceedings.
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Law Minister Azam Nazeer Tarar clarified that the number of judges in a bench could be five, seven, or more, but not less than three. The decision to limit the CJP’s powers is in line with recent speeches by prime minister and Foreign Minister Bilawal Bhutto Zardari, who argued that the CJP’s suo motu powers should be regulated and determined collectively by the SC judges, similar to how the prime minister makes collective decisions through the federal cabinet.
The proposed legislation also includes provisions for appeals, the right to appoint counsel of choice, and the application to fix urgent matters. It states that the act’s provisions will override other laws, rules, regulations, or judgments, including those of the Supreme Court and high courts.
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Federal Minister for Information and Broadcasting Marriyum Aurangzeb presented a resolution in the lower house, arguing that judicial interference in political matters has caused political instability in the country. The resolution called for the Supreme Court to refrain from meddling in political and administrative affairs and urged the Election Commission of Pakistan (ECP) to conduct elections when suitable.
Furthermore, the National Assembly unanimously approved the resolution, urging the SC not to interfere in political matters and demanding simultaneous general elections nationwide to ensure political stability.
