Of writ and domains

The organs of the state are in an impulsive debate over their lawful jurisdictional domains. This has, in fact, led to severe articulation, and at times the diatribe and flexing of muscles seems to have travelled beyond their respective competence. The issue before the top court’s eight-member bench is a bill passed by a joint sitting of the parliament, in defiance of the denial of assent by the President that pertains to curtail the powers of the Chief Justice to take suo motu notice and constitute benches in his individual capacity. As of now, while the issue is sub judice, the apex court has literally struck off the law ruling that the impugned piece of legislation “…shall not have, take or be given any effect nor be acted upon in any manner.” Subject to further ruling of the honourable judges over their own order, the act of parliament stands scrapped, opening the floor for an argumentative discourse.

This apparent row with the superior judiciary has come at a time when the beleaguered coalition government had already crossed swords with it over the holding of elections in Punjab. The denial of funds and necessary staff to the Election Commission by the government, in utter disregard of the order of the top court, has pushed it to the edges of contempt. Coupled with it is this squabble over the Supreme Court (Practice and Procedure) Bill 2023. Keeping in view the assertiveness of the Lords, it seems pertinent that the law will be declared unconstitutional, as also evident from an observation of the bench “that any intrusion in the practice and the procedure of the SC, even on the most tentative of assessments, would appear to be inimical to the independence of the judiciary…”

The territory beyond this locking of horns is quite tricky. The parliament, irrespective of its powers to legislate, and the executive privilege to implement the laws must keep in mind the fine line of intruding into judicial domains. The legislature cannot act as an appellate of the court, and likewise the judges cannot undermine the right to legislate. A two-way track is in need of being surfed out under the constitutional parameters.

Published in The Express Tribune, April 15^th, 2023.

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