In a controversial move, the Pakistan Supreme Court has upheld the Supreme Court (Practice and Procedure) Act, 2023. The Act, which effectively reduces the court’s powers, had faced considerable critique primarily due to perceived constitutional overstepping and deviation from established standards. The Act was brought under question for potentially infringing upon the Supreme Court’s sole power to establish rules as detailed in Article 191 of theConstitution in Pakistan.
Despite the criticism, the court ruled on Wednesday that the Act does not in fact violate any fundamental rights. On the contrary, it was deemed to enhance the protection and implementation of these rights. The judgement has left legal professionals around the globe in a state of contemplation and analysis.
The introduction of the Act has led to debates around threats to judicial independence and the fundamental role of the Chief Justice as the “Master of the Roster.” To clarify, “Master of the Roster” is a legal term pertaining to the privilege of the Chief Justice in constituting Benches for hearing cases. Amid this debate, the court upheld the Act stating that it promotes access to justice, transparency and judicial independence without encroaching on fundamental rights.
Critics also pointed towards the Act’s alignment with Article 175(2) which refers to court jurisdiction, raising concerns on Parliament’s authority to pass it without infringing upon the court’s jurisdiction. However, the Chief Justice of Pakistan, Justice Qazi Faez Isa, summarily dismissed all these contentions. He stated, “There appears to be nothing unconstitutional, illegal or objectionable in the Act on a plain reading of these provisions.”
The Act came into effect on April 21, 2023. Following the ruling, it now stands officially enacted as law in Pakistan.
Read more about the decision and its potential implications for the judicial landscape.