Legislation parliament’s prerogative: PBC

ISLAMABAD: The Pakistan Bar Council (PBC) said Thursday legislation the parliament’s prerogative while it is for courts to interpret laws, adding the constitution is based on trichotomy of powers.

The top bar council met here with Attorney General Mansoor Usman Awan in the chair.

The meeting elected unopposed Farooq H Naek as its vice chairman and Riazat Ali Sehar as chairman Executive Committee. The council passed a resolution and resolved that it was a prerogative of Parliament to legislate laws. The judiciary is to interpret laws and the executive is to implement laws.

It said the preamble of the Constitution provided that the state would exercise its authority only through chosen representatives of people, adding that parliamentarians being the chosen representatives of people had the authority to make laws in the best interest of the country. The council said all institutions should remain within their domain prescribed in the Constitution.

In a second resolution passed in the meeting, it was stated that the Punjab government through the Punjab Finance Act 2024 made amendments to the Court Fee Act 1870 wherein it drastically increased the court fee from Rs 1 to Rs 100 and from Rs 2 to Rs 500. Similarly the amendments to the Stamp Act 1899 raised the stamp duty from Rs 100 to Rs 300 and from Rs 1,200 to Rs 3,000. The council observed that the substantial increase was not only cruel and unjustified but would also deny access to justice to poor litigants which was the fundamental right of citizens protected under the Constitution of Pakistan. The meeting demanded immediate withdrawal of the unjust and arbitrary amendments to the Court Fee Act and the Stamp Duty Act.

It was said that only the vice chairmen and chairmen, Executive Committees of bar councils, were competent to issue press releases or statements on behalf of the bar council and a press release or statement issued with signature of the secretary and seal of the bar council would be an official statement.