The National Assembly of Pakistan on Wednesday unanimously approved the Supreme Court (Practice and Procedure) Bill 2023, which limits the powers of the Chief Justice of Pakistan (CJP) about suo moto actions.
Additionally, the Lawyers Welfare and Protection Bill 2023 was passed, and the session was adjourned until 12 pm the following day.
Previously, the federal government had decided to restrict the CJP’s ability to form benches and initiate suo motu proceedings independently. This decision resulted in the introduction of the bill to the National Assembly, which aimed to curtail the top judge’s extensive authority. National Assembly Speaker Raja Pervaiz Ashraf suggested further discussions in the law and justice committee.
During the session, Speaker Ashraf oversaw the presentation of the standing committee’s report on the Supreme Court Practice and Procedure Bill, submitted by PML-N MNA Bashir Mehmood Virk. An amendment to the bill was proposed by North Waziristan MNA Mohsin Dawar and supported by Federal Law Minister Azam Nazir Tarar. The amendment advocated granting the right to appeal within 30 days to those affected by Article 184(3) of the Constitution. Pakistan Peoples Party endorsed Dawar’s amendment, leading to its approval.
Read: Government moves to limit CJP’s powers with a new bill in NA
The Standing Committee on Law and Justice unanimously approved the bill, which included additional amendments. The bill proposed that a committee of the three most senior Supreme Court judges would decide on suo motu notices, and appeals could be filed within 30 days of such decisions. The bill also specified that appeals must be scheduled for a hearing within 14 days of filing, and a three-member bench would conduct hearings on suo motu notices.
The new legislation clarified that no decisions made by the Supreme Court, high courts, or any other laws could impact this bill. Additional amendments granted the right to appeal in pending cases and mandated that benches for constitutional and legal matters consist of at least five judges.
Federal Law Minister Tarar stated that the bill aimed to enhance transparency in the Supreme Court’s proceedings, asserting that the lack of a right to appeal under Article 184(3) contradicted the Constitution’s fundamental principles. He also argued that suo motu cases should not be a “one-man show.”
Read: Federal cabinet approves bill limiting CJP’s discretionary powers
Various lawmakers expressed their opinions on the bill. Some highlighted the importance of strengthening state institutions, while others felt the legislation imposed restrictions on an independent judiciary. As a result, the opposition and government jointly introduced the Judicial Reforms Bill, which aimed to provide justice to the common person, end the one-person show, and bolster the judiciary. In addition, the bill intends to distribute the powers of individual judges among senior judges, ultimately enhancing transparency and balance in the court system.
 Bill 2023, restricting the Chief Justice's suo moto powers and aiming to enhance transparency in the judicial process.){kind=link}