ISLAMABAD: After the matter of elections to two provincial assemblies landed in the Supreme Court through a suo motu notice, and it ordered the election commission to hold the exercise within 90 days, the government decided to undertake immediate legislation for judicial reforms.
On Tuesday evening, a draft of the proposed legislation was approved by a federal cabinet meeting chaired by Prime Minister Shehbaz Sharif before being presented in the Lower House.
Local media reported that Law Minister Azam Nazir Tarar drafted the bill, which was finalized by the cabinet meeting for a special session in the Parliament House.
The bill is now set to be presented in the National Assembly. The National Assembly will then send the proposed bill to its Standing Committee on Law and Justice today.
Local media reported that a standing committee meeting would be held tomorrow morning, adding the committee meeting will be chaired by Mahmood Bashir Virk.
The standing committee will approve the bill and submit a report to the House, which will then give it the final approval the same day.
The proposed bill will then be tabled in the Senate on Thursday for approval.
The law minister suggested limiting the absolute powers of the Supreme Court.
Under the bill, three senior judges will have the right to appeal against the suo motu notice within 30 days.
Bill proposes senior judges of Supreme Court to hear suo moto notice
The draft bill states that the appeal can be fixed for a hearing in 14 days. Under the bill, three senior-most judges will look into the issue of suo motu notice.
The Supreme Court benches will be constituted by a committee consisting of the chief justice and two senior-most judges, the draft states.
The three-member committee will make a majority decision. The issue of taking suo motu notice will be referred to a three-member committee for review.
If the committee declares it a matter of fundamental rights, a three-member bench will hear the proposed amendment
The 3-member bench may also include members of the committee, a proposed amendment.
Under the proposed amendment, the right of appeal has been given in Article 184 III.
Once the bill is approved, no decision of the higher courts or any other law shall affect it.
The cabinet members reiterated their commitment to the strength and supremacy of parliament.
Earlier, sources said legislation was on the cards on the right to appeal against suo motu notices.
Under the proposed legislation, the chief justice of Pakistan will not be able to exercise the power of suo motu notice alone.
The proposal considered authorizing the full court to use the power of suo motu.
Another proposal suggested altering the method of forming the Supreme Court benches, the sources said.
The authorities say that if the president returns the bill, it will be taken up in a joint session.
Meanwhile, the sources said the National Assembly is set to pass meaningful legislation today.
The assembly session that started earlier in the day will resume after Iftar.
