Several political parties, including the Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP), and Pakistan Tehreek-e-Insaf (PTI), have expressed their approval of the Supreme Court’s (SC) verdict, stating that it not only increases transparency but also democratizes the functioning of the apex court.
The full court of the Supreme Court, consisting of all 15 judges, upheld the Supreme Court (Practice and Procedure) Act 2023 as “constitutional” with a 10-5 majority. This act addresses the powers of the chief justice.
The verdict recognizes the parliament’s authority to legislate under Article 191, which specifies that SC rules are subject to the Constitution.
Describing the verdict as a “positive development,” PML-N President Shehbaz Sharif noted that it signifies the judiciary’s respect for the parliament. He stated, “The Supreme Court’s decision on the Practice and Procedure Act 2023 is a positive step. It not only democratizes the functioning of the Supreme Court itself but also demonstrates due respect for the Parliament, which represents the people of Pakistan.”
However, Shehbaz clarified that, according to legal experts, the specific clause under discussion regarding appeals against past judgments does not affect Nawaz Sharif, the party’s leader.
Meanwhile, PPP Senator Sherry Rehman viewed the decision as an “important step for parliament’s supremacy.” She emphasized that it enhances transparency and the standing of the superior court while promoting the authority of the Parliament in making laws.
In response to the verdict, PTI expressed disappointment for those who had political expectations related to the top court, taking a jab at the PML-N. The party mentioned that it will decide its future course of action after a thorough evaluation of the verdict.
About the Law
The SC law grants the power of taking suo motu notice to a three-member committee, including senior judges and the chief justice. This law aims to ensure transparent proceedings in the Supreme Court and includes the right to appeal.
The Act stipulates that a committee comprising the Chief Justice of Pakistan (CJP) and the two most senior judges will form a bench to hear and decide every case, matter, or appeal before the apex court.
The Act states that the committee must first receive any matter that invokes the use of Article 184(3) concerning the exercise of the apex court’s original jurisdiction.
In cases requiring the interpretation of the Constitution, the Act specifies that the committee would constitute a bench comprising no fewer than five Supreme Court judges.
Regarding appeals against any verdict by a Supreme Court bench that exercised Article 184(3) jurisdiction, the Act outlines that the appeal must be made within 30 days of the bench’s order and will be scheduled for a hearing within a period not exceeding 14 days.
