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Wednesday December 18, 2024

Senators of majority parties say: Power to legislate exclusive right of parliament

The lawmakers ask SC to avoid interference in parliamentary affairs

By Mumtaz Alvi
August 14, 2023
A view of a session of the Senate. — APP/File
A view of a session of the Senate. — APP/File

ISLAMABAD: Leaders of the majority parties’ alliance in the Senate Sunday said the power to legislate was an exclusive right of parliament, and the Supreme Court should avoid interference in its affairs. A declaration, issued by the Leader of the House in the Senate Muhammad Ishaq Dar, said: “There is a clear division of powers of the state institutions in the Constitution of Pakistan, and the power to legislation exclusively and only rests with the Parliament.”

They said the recent judgment of the Supreme Court of Pakistan, declaring null and void the Review of Judgments and Orders of the Supreme Court Act, 2023, undermined the parliament’s sovereignty and independence.

They pointed out the statement of the apex court in the verdict that the Supreme Court rules hold preference over the act of parliament is unfortunate and unconstitutional and that the top court should avoid interference in parliament’s powers. The leaders of parliamentary parties also contended that it was also surprising to announce a judgment, reserved for the last several weeks, only next day after the dissolution of the National Assembly.

They emphasised that in their opinion such judgments undermined the independence and sovereignty of parliament. They described the apex court judgment as disappointing.

The parliamentary parties’ leaders include ex-premier Yusuf Raza Gilani ofPPP, PMLN’s Azam Nazeer Tarar, Maulana Abdul Ghafoor Haideri of JUIF, Manzoor Kakar of Balochistan Awami Party, Tahir Bizenjo of National Party, Pakhtunkhwa Milli Awami Party’s Muhammad Shafiq Tareen, Haji Hidayatullah of Awami National Party and Balochistan National Party’s Muhammad Qasim.

A day earlier, PMLN Senator Irfan Siddiqui moved the Senate through an adjournment motion, seeking a debate in the House over the Supreme Court order that struck down the Supreme Court (Review of Judgments and Orders) Act 2023. The motion says the development did not reflect ‘good intention’ on the part of the apex court, as it had curtailed powers of parliament.