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Dadparvar
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The Pakistan Supreme Court held Wednesday that implementing the Supreme Court (Practice and Procedure) Act, 2023, which amends and curtails the court’s powers, did not violate any fundamental rights, instead, enhancing their protection and implementation.
The court rejected arguments about potential threats to judicial independence and the Chief Justice’s role as the “Master of the Roster.” It emphasized that the Constitution limits the judiciary’s powers, and legal conventions are not enforceable in court. “Master of Roster” is a legal convention that refers to the privilege of the Chief Justice to constitute Benches to hear cases. The court affirmed that the Act promotes access to justice, transparency and judicial independence without infringing on fundamental rights. The petitions challenging the Act were dismissed.
The Act faced criticism primarily due to perceived constitutional overstepping and deviation from established standards. Critics argued that the Act infringed upon the Supreme Court’s sole authority to set rules as detailed in Article 191 of the Constitution. Petitioners asserted that the Act infringed upon essential rights, particularly Article 4, ensuring the protection of the law. Additionally, its alignment with Article 175(2) concerning court jurisdiction raised questions about Parliament’s authority to pass it. The Act also drew scrutiny for potentially compromising judicial autonomy by reshaping the Chief Justice’s authority and challenging the traditional “Master of the Roster” role. Rejecting all contentions, the Chief Justice of Pakistan, Justice Qazi Faez Isa, summarised the court’s position at the beginning of his discussion, “There appears to be nothing unconstitutional, illegal or objectionable in the Act on a plain reading of these provisions.”
The Act became effective on April 21, 2023, and is now officially enacted as law in Pakistan.
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The court rejected arguments about potential threats to judicial independence and the Chief Justice’s role as the “Master of the Roster.” It emphasized that the Constitution limits the judiciary’s powers, and legal conventions are not enforceable in court. “Master of Roster” is a legal convention that refers to the privilege of the Chief Justice to constitute Benches to hear cases. The court affirmed that the Act promotes access to justice, transparency and judicial independence without infringing on fundamental rights. The petitions challenging the Act were dismissed.
The Act faced criticism primarily due to perceived constitutional overstepping and deviation from established standards. Critics argued that the Act infringed upon the Supreme Court’s sole authority to set rules as detailed in Article 191 of the Constitution. Petitioners asserted that the Act infringed upon essential rights, particularly Article 4, ensuring the protection of the law. Additionally, its alignment with Article 175(2) concerning court jurisdiction raised questions about Parliament’s authority to pass it. The Act also drew scrutiny for potentially compromising judicial autonomy by reshaping the Chief Justice’s authority and challenging the traditional “Master of the Roster” role. Rejecting all contentions, the Chief Justice of Pakistan, Justice Qazi Faez Isa, summarised the court’s position at the beginning of his discussion, “There appears to be nothing unconstitutional, illegal or objectionable in the Act on a plain reading of these provisions.”
The Act became effective on April 21, 2023, and is now officially enacted as law in Pakistan.
The post Pakistan Supreme Court upholds law curtailing its powers appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.