The Supreme Court (Practice and Procedure) Bill, 2023 — which has been the subject of much debate recently — took legal effect Friday after the government published it in the official gazette.
The law, which curbs the chief justice of Pakistan’s (CJP) powers to take suo motu notice and constitute benches, was deemed to have been given assent by President Dr Arif Alvi, according to the gazette notification.
The bill was passed by both the National Assembly and the Senate last month amid a standoff between the government and the judiciary over elections in Punjab and Khyber Pakhtunkhwa, after which it was sent to the president for assent.
However, President Alvi returned the bill for reconsideration to parliament, stating that it, prima-facie, “travels beyond the competence of parliament” and could be assailed as “colourable legislation”.
The government then got the bill passed by a joint session of parliament on April 10 despite strong protest from the Pakistan Tehreek-e-Insaf (PTI), after which it was again sent to the president to sign. He refused to sign it once again.
Under the Constitution, if the head of the state does not give his approval to a piece of legislation within 10 days of it being passed by a joint session of parliament, it would be deemed to have been given.
However, an eight-member bench of the Supreme Court, while hearing petitions challenging the bill barred the government on April 13 from enforcing the law, saying that it would “prevent the imminent apprehended danger that is irreparable” as soon as the bill becomes an act of parliament.
Earlier today, the National Assembly also notified that the bill had become law.
