Pakistan president Arif Alvi returns bill aiming to curtail CJP's powers

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Pakistan President Arif Alvi on Saturday stopped a bill passed by the Senate last month that aimed to limit the powers of the chief justice of Pakistan (CJP). Alvi cited that the proposed bill was above and beyond the jurisdiction of the legislative body.

The president posted a detailed reply on Twitter whereinhe shared why thought it fit and proper to return the bill. He added there was a need for consideration of certain aspects after 'vetting' the bill.

“President Dr Arif Alvi has returned the Supreme Court (Practice and Procedure) Bill, 2023 for reconsideration to the Parliament as per the provisions of the Article 75 of the Constitution, stating that the Bill prima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation," tweeted the president.

"The Supreme Court of Pakistan is an independent institution as visualized by the founding fathers that in the State of Pakistan ‘independence of the judiciary shall be fully secured’. With such an objective in view, Article 191 was incorporated and the Supreme Court was kept out of the law-making authority of the Parliament."

WATCH | Pakistan's Senate passes bill to limit top judge's power

Notably, the legislation was approved by the federal cabinet last month on March 28. A day later the National Assembly also passed it after a few amendments. The Senate gave its final approval and the bill went to the president for assent.

However, justifying the legislation, the law minister Azam Nazir Tarar said it was time for a change in the judiciary.

“As time passes, to run institutions, you have to go through various periods [and] face various conducts. Law never stands still. You have to keep a margin for changes in the law so that the law can function according to the needs of the people in the present age,” said Tarar.

Bill divides Pakistan civil society

Ever since the legislation was mooted, it has divided the lawmakers as well as the common folks in the country. The detractors argue that the bill attempts to take away the powers of the judiciary akin to the way Israeli PM Benjamin Netanyahu tried recently.

Meanwhile, the supporters believe that the passing of the bill was in line with what most bar associations had been demanding to free up the judicial process.

Now, that the bill has been returned, the parliamentarians will have to discuss it yet again in a joint session. If they send it back to the president for his assent, he will have 10 days to sign it. Failing to do so in the stipulated period will mean that the bill has passed.

(With inputs from agencies)

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