The Supreme Court reserved its verdict regarding the controversial SC (Practice and Procedure) Act 2023, which seemingly restricts the powers of the Chief Justice of Pakistan.
During the hearing, the Chief Justice of Pakistan, Qazi Faez Isa, emphasized the importance of mutual respect between the Parliament and the Supreme Court.
The Chief Justice of Pakistan, Qazi Faez Isa, urged the stakeholders not to create unnecessary rifts, pointing out that both institutions should aim to “live and let live” without harbouring negative perceptions of each other.
Attorney General’s Arguments and Court Interactions
The Attorney General of Pakistan (AGP), Awan, addressed key questions and concerns. He brought to light the intricacies of Article 191 and its implications for the independence of the judiciary. Awan asserted that the Parliament held the authority to legislate under this article. However, many judges raised concerns about the potential infringement on the independence of the judiciary, which led to an extensive debate on the true intent and repercussions of the legislation.
In various constitutional articles, Awan also tackled the contentious issues of the Parliament’s role and power. Emphasizing the Parliament’s prerogative to legislate, he clarified that their inaction on certain amendments doesn’t signify surrendering authority. The judges critically assessed the AGP’s arguments throughout the hearing, highlighting potential constitutional inconsistencies and ambiguities.
The SC (Practice and Procedure) Act 2023 introduces several critical provisions. The act transfers the authority of taking suo motu notice to a committee of three senior judges, including the chief justice, to ensure transparent processes. It also defines the constitution of benches, outlining specific guidelines for hearing cases that require constitutional interpretation.
Furthermore, the Act provides a structured timeline for hearings, appeals, and review applications, making the process more streamlined and predictable. This legislation also seeks to grant aggrieved individuals the right to appeal decisions retrospectively, provided they file their appeal within a specific timeframe.
With the Supreme Court’s verdict still pending, the nation awaits a decision that will inevitably shape the future dynamics between Pakistan’s judiciary and legislative bodies.
 Act 2023. As the nation awaits, the legislation's implications on the powers of the Chief Justice and judiciary's independence remain the focal debate.){kind=link}