The Supreme Court of Pakistan has had to bear the brunt of the ongoing war between the government and the opposition over holding elections in Punjab and Khyber Pakhtunkhwa provinces. Now the Supreme Court cannot take suo motu cognizance of any matter.
Image Credit source: REUTERS
A new constitutional crisis has arisen in Pakistan. Neighbor victim of economic turmoil for the last several months Country has recently Supreme Court Has curtailed the powers of Pakistan The National Assembly has passed the Supreme Court (Practice and Procedure) Bill 2023 with a majority of 60-19.
As soon as the bill was passed, the power was taken away from the Chief Justice of Pakistan, so that he could take suo motu cognizance of any matter. PTI MPs continued to oppose this bill. A proposal was also made to discuss this in the Standing Committee of the Senate, but the Shahbaz government was in such a hurry that it also rejected the proposals.
Why were the powers reduced
The Supreme Court in Pakistan had recently given notice to the Election Commission under Suo Moto. In this, a question was asked about the delay in the elections of Punjab province. The meaning of Suo Moto is that process, in which the Chief Justice of the Supreme Court can summon someone by taking suo motu cognizance of a matter. After this, a resolution was passed by the Shahbaz government in the National Assembly. In this, Prime Minister Shahbaz Sharif alleged that the Chief Justice of the Supreme Court has the right to take suo motu cognizance, which is creating political instability in the country.
what a change
The Chief Justice of the Supreme Court has the right to take suo moto cognizance of any matter when it is considered to be related to the public interest. This right was taken away from the Chief Justice of Pakistan by passing a resolution in the National Assembly. Now the Supreme Court of Pakistan cannot take suo moto cognizance of any matter.
It was also demanded in the resolution that the Supreme Court should not unnecessarily interfere in matters related to the Election Commission of Pakistan. It was argued on behalf of the government that due to the continuous interference of the judiciary, political instability is increasing in the country. Now, if there is a need to take suo moto cognizance in any matter, then it will be necessary to have the consent of the other two judges along with the Chief Justice.
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Because of this there is a tussle between the government and the judiciary.
The tussle between the government and the judiciary in Pakistan started in April last year. At that time, Imran Khan was ousted from power through a no-confidence motion. After this, Imran Khan started a campaign to hold elections within 90 days. It was believed that elections would be held in Pakistan by the end of 2022, but the government rejected their demand.
After this, Imran Khan dissolved the assemblies in the provinces of Punjab and Khyber Pakhtunkhwa, this step was taken by Imran Khan so that elections could be held soon in Pakistan. In fact, according to the constitution of Pakistan, elections have to be held within 90 days of the dissolution of any assembly. Imran was sure that if there are provincial elections, national elections will also be held simultaneously, because both the elections are held simultaneously in Pakistan.
such a stalemate
This ploy of Imran Khan did not work, the bet backfired when the Election Commission of Pakistan did not announce the election dates. After this, President Arif Alvi announced that the elections would be held on 9 April. When the Election Commission questioned this decision, the Chief Justice of Pakistan Umar Ata Bandial took suo motu cognizance and started hearing on this issue and on March 1 directed the Election Commission to conduct elections in Punjab and Khyber Pakhtunkhwa provinces.
turned again
Once again Imran felt that his bet was set, two days later the Election Commission announced that polling would be held in both the provinces on 30 April. Last week, the Election Commission once again held a press conference and withdrew the election programme. Economic problems were mentioned behind this and it was announced that elections would be held on October 8.
After this PTI approached the court. The Chief Justice once again took suo moto cognizance and started hearing on whether this step of the Election Commission is constitutional or not. After this, the government prepared a proposal to reduce the powers of the Supreme Court and got it passed.
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