NA defers bill to raise number of SC judges

ISLAMABAD: The National Assembly (NA) deferred introduction of the Supreme Court (SC) (Number of Judges) (Amendment Bill), 2024 while seven other bills were introduced in the House on Tuesday.

The Supreme Court (Number of Judges) (Amendment) Bill, 2024 was introduced as private member’s bill in the Senate on Monday and was referred to concerned standing committee of the House.

Opposition member Barrister Gohar Ali Khan, while opposing the proposed legislation for increase in number of judges of Supreme Court, said that such bill could not be introduced as private member’s bill. In this connection, he also referred to Article 74 and Article 81 of the Constitution which says that bills involving expenditures from the Federal Consolidated Fund could only be introduced by the government.

Moreover, he said that the federal government’s permission and approval by the federal cabinet was required for introduction bills which requires expenditures from the Federal Consolidated Fund. He also said that India last time increased the strength of judges by three whereas the mover of bill here wanted to enhance number of judges from 17 to 23, adding that it would be big burden on the national exchequer.

Minister for Law and Justice Azam Nazir Tarar agreed with Barrister Gohar Ali Khan that it was high time that the Supreme Court revisit number of 90 vacations in a year.

The speaker also asked the minister to look into the point raised by the opposition member whether the bill relates to money bill, charged expenditures or government consolidated fund.

The speaker proposed the minister to defer the bill due to points raised by the opposition member to which he agreed. However, he said the bill already introduced in the Senate had been referred to concerned committee of the Upper House.

Earlier, PMLN member Daniyal Chaudhry said there was a need to increase the number of judges of the Supreme Court in order to address increasing pendency of cases in the apex court.

The bills introduced on Tuesday also include The Constitution Amendment Bill, 2024 (Article 184) regarding apex court’s powers on suo moto notices and The Contempt of Court (Repeal) Bill, 2024 which is aimed at repealing the Contempt of Court Ordinance, 2003.

MNA Noor Alam Khan introduced these two bills. The statement of aims and objects of The Constitution Amendment bill, 2024 (Article 184) says that Article 184 of the Constitution empowers the Supreme Court to make an order involving question of public importance with reference to enforcement of Fundamental Rights.

At present orders involving matters of such public importance are made by the Supreme Court benches consisting of two or three judges. Keeping in view the importance of this jurisdiction of the Supreme Court, it is proposed that such orders should be made by a larger bench of the Supreme Court consisting of nine judges, it said.

Other bills introduced in the House include Criminal Laws Amendment Bill, 2024, the Constitution Amendment Bill, 2024 (Amendment in Article 51, 59 and 106); The Constitution Amendment Bill, 2024 (Article 177, 193 and 208); The Constitution Amendment Bill, 2024 (Article 198); The Civil Servants Amendment Bill, 2024 and the Allocation of Special Seats for Deserving Persons in Universities Bill, 2024.

The Constitution Amendment Bill, 2024 (Amendment in Article 51, 59 and 106) is aimed at reserving two seats each in the National Assembly and one seat each in provincial assemblies for overseas Pakistanis. The Constitution Amendment Bill, 2024 (amendment in Article 177, 193 and 208) says a person holding dual nationality or citizenship of any foreign country shall not be entitled to appoint as an officer or servant of any court. The Civil Servants Amendment Bill, 2024 which seeks amendment in the Civil Servants Act, 1973 says that a person holding dual nationality or citizenship of any foreign country shall not be entitled for appointment as civil servant.

Minister for Law and Justice said that according to a decision of full-court bench of the Supreme Court, parliament could execute legislation with regard to rules of business of the court and on regulating the same. “The apex court categorically states that parliament is all independent for legislation”, he said. Barrister Gohar said that there are 33 Supreme Court judges in India which is much larger than Pakistan.

Sardar Akhtar Mengal of the Balochistan National Party wanted to take the floor to speak on a point of order but quorum was pointed out in the House. After counting, the proceedings were adjourned due to the lack of quorum.