President Alvi Returns Bill to Limit CJP’s Powers

President Arif Alvi of Pakistan has returned the Supreme Court (Practice and Procedure) Bill, 2023, to the Parliament, requesting reconsideration to ensure its validity.

The bill passed by both houses of Parliament last month has raised concerns about whether it exceeds the legislative competence of the Parliament and could be viewed as colorable legislation.

In his letter to Prime Minister Shehbaz Sharif, President Alvi stated that he believed it was appropriate to return the bill for reconsideration by the Constitution to address any potential legal challenges. The president outlined several aspects that need further consideration.

First, President Alvi emphasized the importance of the separation of powers in the Constitution, which establishes the autonomy and independence of each branch of government. He pointed out that while Article 67 empowers the Parliament to regulate its procedure and conduct, Article 191 allows the Supreme Court to make rules regulating its practice and procedure.

Second, the president stressed the independence of the Supreme Court, which is enshrined in the Constitution. He noted that the founders of Pakistan sought to ensure the judiciary’s independence, and Article 191 was incorporated to keep the Supreme Court separate from the law-making authority of Parliament.

Moreover, the president’s letter underlined that the Parliament’s ability to make laws derives from the Constitution. While Article 70 permits the introduction and passing of bills related to matters in the Federal Legislative List, entry 55 of Part I of the Fourth Schedule excludes the Supreme Court from the Parliament’s law-making authority.

Finally, the letter raised questions about whether the bill’s purpose could be achieved without amending the relevant Articles of the Constitution. As the Constitution is the supreme law of the land, amendments cannot be made through ordinary laws.

In light of these concerns, President Alvi requested the Parliament reconsider the bill to ensure its constitutionality and avoid potential legal challenges. Despite the president’s refusal to approve, the government will likely attempt to pass the bill during a joint session of Parliament.