Clipping powers

It seems the executive's onslaught on the judiciary is unending. But the dilemma is that the Lords of the apex court are in it too, having willingly conceded their constitutionally-guaranteed powers and privileges. The Supreme Court Practice and Procedure Act, 2023 is a case in point which has literally come to torpedo the functioning of the top court, as well as the powers in the office of the Chief Justice of Pakistan. Moreover, the 26th amendment has already decimated the vibrancy of the courts, and the phenomenon of 'court packing' has undermined the spirit of separation of powers in the organs of the state and the independence of judiciary.

To add to this is the committee formed under the Practice and Procedure Act, 2023, with a new notification to circumvent further the powers rested with the Chief Justice. The fact that now a three-member body will manage the affairs of the top judge in his absence, as illustrated exclusively under Clause-5, and that the decision to constitute benches shall not rest with him either has made the high office ineffective. This decision lies in conflict with Article 180 of the Constitution. It is also noticeable that the suo motu powers wrested in the office of the Chief Justice were earlier clipped, apparently on concerns of judicial activism by independent-minded senior judges, rendering a death blow to the court's utility and the confidence of the masses in the judicial system.

The Clause-5 is in need of being scrutinised by the judiciary at large. It does not come to impact a phase of time for reasons of exigency, but an entire modus operandi of lawful independence, prestige of the superior courts and supremacy of the Constitution. It is regrettable that the puisne judge, who was looked up in awe, is now part and parcel of the tweaks being introduced in the court proceedings - something that warrants some explanation. Restoring the original dictum of the Constitution in judicial relevance is indispensable, and all such measures undertaken on assumptions must stand rescinded.