ISLAMABAD: While commenting on the recent draft of legislation seeking amendment to Supreme Court Rules 1980, a senior lawyer of the Supreme Court Safdar Shaheen Pirzada termed the proposed bill against the basic structure of Article 191 of the Constitution, saying it may be set aside if assailed before the top court.
Talking to TLTP, Pirzada said the Supreme Court was formed under the Constitution of Pakistan instead of any Act of the Parliament, adding the Act of Parliament is subordinate to the Constitution of Pakistan as the Constitution is the supreme legislation.
Pirzada further said under the Constitution of Pakistan the SC is authorized to make its rules, subject to the assent of the President of Pakistan. The SC has inferred the power of Suo Moto under Supreme Court Rules instead of any Act of the Parliament.
“Under the Constitution of Pakistan Rules can only be framed by the Supreme Court to run its helm of affairs. As the proposed legislation seems to be in conflict with Article 191 of the Constitution which the top court may strike down”, Pirzada added.
“If the proposed bill becomes Act of the Parliament – it would be considered against the basic structure of the Constitutional provision ( Article 191) – on this single ground this amendment shall be set aside if someone challenges it before the top court”, Pirzada concluded.