Supreme Court strikes down review of judgments law as ‘unconstitutional’
ISLAMABAD: The Supreme Court of Pakistan on Friday struck down the Supreme Court (Review of Judgments and Orders) Act 2023, terming it unconstitutional.
A three-member bench, comprising Chief Justice (CJ) Umar Ata Bandial, Justice Munib Akhtar and Justice Ijazul Ahsan, had reserved its verdict in the case on June 19.
On the last hearing on June 19, the court had observed that decision in the case would determine the fate of the Election Commission of Pakistan (ECP) review petition against the April 4 verdict of the Supreme Court of fixing May 14 as the date for holding fresh elections to the Punjab provincial assembly.
The verdict, which came a day after the National Assembly was dissolved, said that the law was “repugnant to and ultra vires the Constitution” and beyond the legislative competence of Parliament. “It is accordingly struck down as null and void and of no legal effect,” the order said.
The verdict has determined that the recently enacted Supreme Court (Review of Judgments and Orders) Act 2023 contradicts and exceeds the boundaries set by the Constitution.
The court highlights the absence of an “explicit authorization” within the Constitution permitting the Parliament to expand the Supreme Court’s review jurisdiction under Article 188. The 2023 Act not only fails to “expand” review jurisdiction but introduces an entirely new appellate jurisdiction that lacks any constitutional foundation, endorsement, or authorization.
On June 19, during the hearing, Chief Justice Umar Ata Bandial expressed his reservations, underscoring the importance of comprehensive consultation with experienced legal minds before enacting pivotal laws such as the Supreme Court (Review of Judgments and Orders) Act, 2023.
He highlighted the value of inputs from professionals such as the attorney general for Pakistan (AGP), drawing attention to their wealth of experience in legal proceedings.
Review of Judgments and Orders, Act 2023
Titled as the Supreme Court (Review of Judgments and Orders) Act 2023, was passed by Parliament on May 5 amid a tussle with the judiciary. The law is aimed at facilitating and strengthening the Supreme Court in the exercise of its powers to review its judgments.
The act asked to enlarge the jurisdiction of the apex court as expressly provided under Article 188 of the Constitution, which empowers the apex court to review any judgment and to ensure the fundamental right to justice by providing for meaningful review of judgments and orders passed by the SC in the exercise of its original jurisdiction under Article 184(3).
Under Section 2 of the act, the scope of the review, on both facts and law, will be the same as an appeal under Article 185 of the constitution. Section 3 says that a review petition will be heard by a bench larger than the bench which passed the original judgement or the order. Likewise, Section 4 empowers the petitioner filing review to appoint any advocate of the Supreme Court of their choice for the review petition.
Section 5 says that the right to file a review petition will also be available to an aggrieved person against whom an order has been made under Article 184(3) of the Constitution prior to the commencement of this act. However, the review petition, under this section will be filed within 60 days of the commencement of the act. Section 6 says the review petition will be filed within 60 days of the passing of the original order, adding the provisions of the act will have overriding effect notwithstanding anything contained in other laws, rules or regulations for the time being in force or judgment of any court, including the Supreme Court and the high court. – Our reporter and news agencies
