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Debating the Supreme Court Practice and Procedure Act, 2023

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A fervent and impassioned debate has been ignited within the legal circles, political spheres, and among legal analysts, centering around the recent enactment of the Supreme Court (Practice and Procedure) Act, 2023. The core of this discourse revolves around the Act’s constitutionality, delving into profound questions regarding the separation of powers and the sacrosanct nature of judicial independence.

As the lead author of this discourse, I bear the responsibility for its content and conclusions. Gratitude is extended to Advocate Izza Rizvi, whose invaluable insights have played an instrumental role in refining the dimensions of this research.

The following pages aim to unravel the complexities of the Act from a legal standpoint, concentrating on the fundamental legal query at hand. The intention is to sidestep the political narratives that echo through print, electronic, and digital media. A structured approach will be employed, commencing with an elucidation of the issues grappling with the legality of the Act. Subsequently, the legal stance on each of these issues will be scrutinized, culminating in a coherent understanding extracted from the legal discourse.

Legal Queries Surrounding the Act’s Validity

  1. Parliament’s Role in Regulating Supreme Court Affairs Central to the discussion is the question of whether Parliament holds the authority to regulate the Supreme Court’s proceedings through legislative means. Divergent views persist among stakeholders, stemming from differing interpretations of whether the Act falls within the parameters set by the constitution. Some argue that the Act reinforces the checks and balances within the system, while others vociferously assert that it infringes upon the judiciary’s independence.
  2. Dominance of the Act Over Court Judgments A key contention revolves around whether the Act holds the power to override not only “rules” but also court judgments, including those passed by the apex court itself. This potent provision raises concerns about the extent to which the Act may intrude upon the hallowed turf of judicial autonomy, challenging the very bedrock of the stare decisis doctrine deeply entrenched in common law systems.
  3. Shift of Suo Motu Power to a Committee The Act introduces a fascinating conundrum—can the power of suo motu be transferred from the Chief Justice of Pakistan to a parliamentary committee through this legislation? This engenders a vital exploration into the boundaries of constitutional norms and the potential ramifications of altering an established practice, all while preserving the sacred tenets of judicial independence.
  4. Potential for the Supreme Court to Invalidate the Act At the crux of the debate lies the potential for the Supreme Court to invoke its power of judicial review, rendering the Act void and ultra vires to the Constitution. Judicial review, a pivotal doctrine, endows courts with the authority to nullify legislative and executive actions found to be incompatible with the constitutional framework.

Navigating Constitutional Doctrine and Implications

These legal threads are intricately woven into the fabric of Pakistan’s constitutional doctrine, especially the foundational principle of separation of powers. Although not overtly articulated within the Constitution, this doctrine carries immense significance in maintaining the balance between the legislative, executive, and judicial branches. Further amplifying this doctrine is the preamble of the Constitution, emphasizing the unwavering commitment to safeguarding judicial independence, a pivotal factor in the democratic framework.

Deeper exploration into judicial review, an instrument of paramount importance, unveils its authority to scrutinize and invalidate actions of other governmental arms that defy constitutional principles.

The Path Ahead: Harmony Amidst Complexity

The discourse around the Supreme Court (Practice and Procedure) Act, 2023 unfurls a nuanced tapestry, stretching beyond its legislative wording. It reverberates across the corridors of power and resonates within the hearts of citizens. More than a legal debate, it poses significant questions about democratic governance, constitutional interpretation, and the role of the judiciary.

The road to resolution is paved with meaningful dialogue involving legal scholars, constitutional experts, and representatives from each branch of governance. Prioritizing the preservation of democratic ideals, the sanctity of the rule of law, and the unwavering integrity of Pakistan’s constitutional architecture remains pivotal in charting the way forward.

Concluding Reflections: Charting a Legal Landscape

The passage of the Supreme Court (Practice and Procedure) Act, 2023, embarks on a journey beyond the halls of legislation. It embroils itself in fundamental questions, echoing beyond the courtroom and seeping into the public sphere. As legal scholars engage and citizens participate, the path forward necessitates a judicious approach, steadfast in upholding the principles that underpin Pakistan’s democratic essence.

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