President of the country, Arif Alvi, has returned the Practice and Procedure Bill for reconsideration to the Supreme Court. The President of Pakistan has returned the Judicial Reforms Bill 2023, under Article 75 of the Constitution, to the Parliament for reconsideration.
The President said that the Parliament should reconsider this bill thoroughly. The proposed bill falls outside the ambit of the Parliament’s jurisdiction and may be challenged in court for being artificial and insufficient. In my opinion, it is appropriate to return the bill for full scrutiny and review of its validity.
President Arif Alvi further said that the Constitution confers the Supreme Court with the powers of appeal, advisory, review, and original jurisdiction. The approved bill pertains to Article 184(3) regarding the Supreme Court’s original jurisdiction, and it aims to provide a mechanism for the use of the original jurisdiction and for filing appeals.
The President of the country raised a question that this purpose can be achieved, but can it be accomplished without amending the Constitution?
He said that the accepted law is that the Constitution cannot be amended through ordinary legislation, as the Constitution is a higher law and the father of laws. The Constitution is not an ordinary law, but a manifestation of fundamental principles, higher law, and other laws.
