Daily Times

The National Assembly (NA) on Friday passed a resolution declaring that parliament’s prerogative of legislation could not be usurped or interfered with. The resolution moved by PPP MNA Ali Musa Gilani also referred to a Supreme Court order, wherein the apex court, in an “anticipatory injunction”, barred the government from enforcing a proposed law targeting the suo motu powers of the chief justice of Pakistan. The resolution passed in the NA today said: “This House strongly rejects the aggressive attempt of the Supreme Court of Pakistan to abrogate the unquestioned constitutional authority of the parliament to make legislation and unequivocally clarifies that this authority cannot be abrogated nor interfered with.” It added that the House regretted that a state organ had “openly violated” the Constitution on the occasion marking its golden jubilee. It said that the powers of the state were divided into three institutions as per the Constitution and none was authorised to interfere in the affairs of the other. The resolution further said that the parliament had the power to approve or disapprove the budget, financial bills, economic matters and release of resources, adding that no one could take away, suspend or revoke this power. It stressed that doing so was tantamount to violating the basic concept of the Constitution and demolishing it. It expressed “serious concern” that the Supreme Court (Practice and Procedure) Bill 2023 was involved in a current apex court hearing even before its implementation.

“This unconstitutional tradition is not only reprehensible but also completely contrary to logic and judicial procedure. This process itself is proof of unjustified haste, so it cannot be recognised as a valid order or decision according to the Constitution, law and prevailing procedure of justice. So therefore it is rejected. “The House directs the federal government to carefully review this serious constitutional violation and take steps in accordance with the Constitution and law for its correction,” the resolution reads.