Parliament restricts Judiciary After NAB: By Chaudhry Ahsan Raza Jutt
Every state is governed by a government comprising three organs named Judiciary, Executive, and Legislature. Pakistan is also governed by these three organs on the account of trichotomy [Separation] of power. People are well aware of the business of these three organs so this section needs not to be discussed here.
The concept of separation of power was introduced by French Philosopher Montesquieu; in this regard, he was inspired by the United Kingdom theoretically but later on this concept was practically incorporated in the United States of America for the smooth functioning of government.”If legislative powers are united with the executive powers in the hands of one person, or body of officials there can be no liberty; nor can there be any LIBERTY if the power to judge isn’t separated from the legislative and executive powers”, said Montesquieu.
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The government of Pakistan (defeating the previous with a vote of no confidence) presented Supreme Court Bill-2023 on 28 march 2023 which was passed on 29 march 2023. This act limits the jurisdiction of the Supreme Court, transforms Chief Justice into a ceremonial person, and almost abolishes the Suo Motu powers. The worst thing is that this act has a retrospective effect, not a prospective one. Parliamentarians argued during the proposal of the act that judges character in history wasn’t good.
Judiciary in Pakistan was already in check and balanced by the legislature and executive and vice versa. Moreover, the parliamentary committee (judiciary-related) and supreme judicial council are already performing their functions for the regulation of and appointments in the judiciary. As the Islamic Republic of Pakistan is practicing decentralization in the provinces and most of the institutions including the legislature and executive. Consequently, anarchy doesn’t come to an end due to the non-sameness of the minds of officials.
Political uncertainty has been experienced due to extra decentralization. The same decentralization has now been incorporated in the judiciary in the form of the committee under section 2 clause 1 and clause 2. Now parliamentary culture will be in the judiciary. Every day bench will be constituted and broken. Cases will require more time to be solved.
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Suo Motu is being taken in rare cases where a question of public importance with reference to the enforcement of any of the fundamental rights is required. Under Article 184 (3) of the Constitution, the Supreme Court may take suo motu action if there has been a violation of fundamental rights, which are listed under Chapter 1 of the constitution-1973. Now if any public right is violated it will get delayed to be protected. As the committee (under the new act) wouldn’t come on one page if come then the bench would consequently be broken. “Parliament restricts fundamental rights: Parliament restricts Judiciary after NAB”.
It is the same parliament that restricts NAB and ceases the process of accountability. The same parliament proposes section 500A in Pakistan Penal Code-1860. Parliament couldn’t enact effective laws for the welfare of citizens and couldn’t play an effective role in the history of Pakistan. Parliament is merely a place for a few inherent politicians who will rarely ever come to one page. It’s a reality that parliament is the representative body for the citizens but “it’s a fact that the Supreme court is a preservative body for fundamental rights of the people of the Islamic Republic of Pakistan”.The Parliament of Pakistan is now acting as the National People’s Congress. So who can and will regulate it??? Absolutely, citizens of Pakistan will do this through their “value vote”. Otherwise, after restricting two major institutions the parliament definitely desires the next.
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This Opinion is contributed by Chaudhry Ahsan Raza Jutt. He is a political analyst and law student. He can be contacted on Twitter @AhsanRaza_Jutt
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