Securing the court’s writ

The Supreme Court on Friday ruled on an issue of immense importance. While striking down the Review of Judgments and Orders Act of 2023, through which the parliament wanted to expand the scope of a review petition, the court declared it null and void and ultra vires to the Constitution. This comes as a blow to the political dispensation that wanted the apex court to act as an appellate forum in revising and reconsidering its own judgments in public interest. A three-member bench, under Chief Justice Umar Ata Bandial, termed the hastily passed piece of legislation as unconstitutional, and observed that an act of law cannot compensate for an amendment. Likewise, it also noted that the legislature had acted beyond its orbit, and castigated the move by declaring that any legislation interfering with the independence of the judiciary, would by its nature and from its very inception, be of no legal effect.

This judgment is one of the most strong-worded in recent years. Perhaps, the intention of the court was to secure its constitutionally defined jurisdiction, and not to allow overrunning of its dictates by the executive under the guise of political exigencies. Thus, Friday’s judicial review will have long-term ramifications as the next parliament might try to beseech its own territory anew. This is why the outgoing law minister’s remarks that a decision after the house stands dissolved has come with connotations should be read deeply.

The move has for the time being torpedoed efforts on the part of political quarters to seek a way out for disqualified legislators. But a larger quantum of the verdict talks of space reserved for the judiciary, and has made an attempt to guard it at any cost. Nonetheless, the order is even-ended as it has left room for the legislators to revisit it through a constitutional amendment, and has put no curbs on it. The decision must be seen as a judicial correction by keeping aside personalised perceptions on bending the law to one’s benefit. This is how checks and balances in the Constitution can be assured for national harmony.

Published in The Express Tribune, August 12^th, 2023.

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