President Dr. Arif Alvi has again refrained from signing the Supreme Court (Practice and Procedure) Bill, 2023, on Wednesday, due to concerns over the bill’s competency and validity.
The president, in a notification, stated that the bill’s competency and validity are pending before the country’s highest judicial forum, and no further action is required for now.
However, Law Minister Azam Nazeer Tarar claimed the bill would become law on April 20, despite the president’s refusal to sign. The National Assembly and the Senate passed the bill last month amid a standoff between the government and the judiciary over elections in Punjab and Khyber Pakhtunkhwa.
President Alvi initially returned the bill to parliament for reconsideration, arguing that it appeared to exceed parliament’s competence and could be considered “colorable legislation.” However, despite protests from the Pakistan Tehreek-e-Insaf (PTI), the government passed the bill during a joint parliamentary session on April 10 and resubmitted it for the president’s signature.
According to the Constitution, it is deemed approved if the president does not approve legislation within 10 days of its passage by a joint parliamentary session. Law Minister Tarar confirmed this on Monday.
Nevertheless, on April 13, the Supreme Court ruled that the bill would not be acted upon in any manner until further notice, even if the president granted his approval. The court expressed concerns about potential interference with the independence of the judiciary and the unconstitutional conferral of jurisdiction upon the court.
The Supreme Court’s larger bench established an anticipatory injunction as an interim measure. Law Minister Tarar mentioned that the issue of implementation would be addressed later.