ISLAMABAD: The federal government has filed an appeal against the apex court’s judgment on the Supreme Court (Review of Judgment and Orders) Act, 2023, requesting it to reconsider its decision.
In its appeal, the government has asserted that Article 142 of the Constitution empowers the parliament to enact such legislation, and the judicial decision interferes with the legislative powers.
The Supreme Court on August 11 struck down as unconstitutional the piece of legislation that sought to widen the scope of review jurisdiction in cases decided under Article 184(3).
“The Supreme Court (Review of Judgments and Orders) Act 2023 is ultra vires the Constitution being beyond the legislative competence of parliament,” declared a three-member bench led by former chief justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar.
“The petitions [filed against the act] are maintainable for the purposes of Article 184(3) of the Constitution. The Supreme Court (Review of Judgements and Orders) Act, 2023, is repugnant to and ultra vires the Constitution…being beyond the legislative competence of parliament.
It is accordingly struck down as null and void and of no legal effect,” said a 51-page verdict authored by Justice Ahsan.
Earlier on June 18, the bench had reserved the judgment on the petitions challenging the law.
Interestingly, the judgment was announced a day after the dissolution of the National Assembly. Senior lawyers had raised serious questions over the timing of the verdict.
The appeal said the judgment has questioned the competence of the parliament to legislate such laws.
“With utmost respect, it seems, the court, while rendering the judgment under review, remained under the incorrect view that the Review Act, 2023 has been passed in exercise of powers under Article 142 read with entry 55 of the Federal legislative List.
“In fact the Review Act, 2023 has been passed in exercise of powers conferred on the parliament under Article 188 read with entry 58 of the fourth schedule of the Constitution,” it said.
It said Article 142 prescribes the competence of the parliament to legislate on subjects enumerated in the Federal Legislative List. The competence of the parliament extends to making laws under Article 188.
“It can, thus be seen that the power of the parliament under Article 188 is an independent power under the Constitution and is not fettered with the limitations contained in entry 55 of the Federal Legislative List,” the appeal said.
The appeal said the judgment under review holds the Review Act, 2023 to be an intrusive piece of legislation thus undermining the independence of judiciary.
“This narrow and restricted view, with reverence, fails to take note of the preamble of the Review Act, 2023 which reads as follows; ‘to facilitate and strengthen the Supreme Court of Pakistan in the exercise of its powers to review its judgments and orders’.
It is trite law that in case of ambiguity, the Courts always look towards the preamble to discern the intent of the legislature,” it added.
