The National Assembly Of Pakistan On Friday Passed A Resolution Parliament’s Prerogative Of Legislation

The National Assembly Of Pakistan On Friday Passed A Resolution Parliament’s Prerogative Of Legislation

The National Assembly of Pakistan on Friday passed a resolution declaring that parliament’s prerogative of legislation could not be usurped or interfered with.

The resolution moved by PPP MNA Ali Musa Gilani also referred to a Supreme Court Order, wherein the court, in an “anticipatory injunction”, barred the government from enforcing a proposed law targeting the Suo Motu powers of the Chief justice of Pakistan.

Supreme Court Order issued by an eight-member bench including Chief Justice of Pakistan Umar Ata Bandial at 13^th April — said its decision would “prevent imminent apprehended danger that is irreparable” as soon as the Supreme Court (Practice and Procedure) Bill 2023 becomes an act of parliament.

The bill was initially passed by both houses of parliament and sent to the president for his assent. However, the president had sent back, saying that, the proposed law travelled “beyond the competence of parliament”. On Monday, the bill was passed by joint session of parliament with certain amendments, amid a noisy protest from PTI.

As per the law, the bill sent to the president once again for his assent, and if he does not sign it within ten days, assent will be deemed to have been granted. However, with the SC’s order, the implementation of the law that will subsequently come into effect has been halted.

The resolution passed in the National Assembly Of Pakistan said that, “This house strongly rejects the aggressive attempt of the Supreme Court of Pakistan to abrogate the unquestioned constitutional authority of the parliament to make legislation and unequivocally clarifies that this authority cannot be abrogated nor interfered with.”

It added that the House regretted that a state organ had “openly violated” the Constitution on an occasion marking its golden jubilee. The resolution said powers of the state were divided into three institutions the judiciary, legislature and executive as per the Constitution and none was authorized to interfere in the affairs of the other. The resolution further said that parliament had the power to approve or disapprove the budget, financial bills, economic matters and release of resources, adding that no one could take away, suspend or revoke this power.

It stressed that doing so was tantamount to violating the basic concept of the Constitution and demolishing it. The resolution expressed “serious concern” that the Supreme Court bill was fixed for hearing before a “Controversial and unilateral eight member bench” of the Supreme Court even before it was enacted.

“This unconstitutional tradition is not only reprehensible but also completely contrary to logic and the judicial procedure. This process itself is proof of unjustified haste, so it cannot be recognized as a valid order or decision according to the Constitution, law and prevailing procedure of justice. Therefore, it is rejected.

“The house directs the federal government to carefully review this serious constitutional violation and take steps in accordance with the Constitution and law for its correction,” the resolution read.