The Supreme Court Practice and Procedure Amendment Bill has also been approved by a majority in the National Assembly, the details of which have also come to light.
According to the Practice and Procedure Amendment Bill 2024, under Article 191A, the benches of the Supreme Court will be constituted by a three-member judges committee, this committee will consist of the Chief Justice of Pakistan and the senior most judge in addition to the senior most of the constitutional benches.
According to the bill, the committee will consist of the Chief Justice and the Most Senior Judge until the nomination of the Most Senior Judge of the Constitution Bench. will happen
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If any member refuses to sit on the committee, the Chief Justice can make the judges of the Supreme Court or Constitution Benches members of the committee.
After the passage of this act, the committee will determine the procedure in its first meeting, until the procedure is determined, the meeting of the committee can be called by the Chief Justice.
According to the Bill, Section 5 of the Act has also added 2A, in any case where a constitutional question arises, the decision will be made in accordance with this clause, by a speaking order, whether the matter will be dealt with by a Constitution Bench or Then the Supreme Court.
Registrar Supreme Court shall be responsible for secretariat and administrative support to the Constitution Benches.
According to the text of the bill, judges from each province will be included in the constitutional benches based on the availability of judges, against the decision of any constitutional bench, an appeal can be made before the larger constitutional bench within thirty days, Article 184 of the Constitution. Appeals against the three will be transferred to the Constitution Bench.
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Clause 8 adds Seven A and Seven B, all cases, matters or appeals coming before the Supreme Court shall be heard on first-in-first-out basis.
Every case, matter or appeal will be recorded in the Supreme Court, its transcript will also be prepared, this draft can be obtained for any court proceedings on payment of Rs.50 per page.
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**Interview with Legal Expert Dr. Sarah Khan on the Supreme Court Practice and Procedure Amendment Bill 2024**
**Interviewer:** Thank you for joining us today, Dr. Khan. The National Assembly has just passed the Supreme Court Practice and Procedure Amendment Bill 2024. Can you explain why this bill is significant?
**Dr. Khan:** Thank you for having me. The passage of this bill is particularly significant as it addresses the composition of the Supreme Court benches. By establishing a three-member judges committee to constitute these benches, which includes the Chief Justice and the senior-most judges, it aims to enhance the efficiency and effectiveness of our judiciary.
**Interviewer:** How do you think the new committee structure will impact judicial proceedings in the Supreme Court?
**Dr. Khan:** The new committee structure is designed to bring more organization and oversight in bench formations. With the Chief Justice and senior-most judges involved, it ensures that the most experienced members are making essential decisions about which cases are heard. This could lead to a faster and more consistent judicial process, which has been a long-standing issue.
**Interviewer:** The bill also mentions that if a member refuses to sit on the committee, the Chief Justice has the authority to replace them. What do you think about this provision?
**Dr. Khan:** It’s a practical provision meant to ensure that the committee can function effectively. However, it’s essential that the exercise of this authority is handled transparently and judiciously to maintain trust in the judiciary. The power to appoint committee members should not be seen as a means of exerting undue influence.
**Interviewer:** The committee is also tasked with determining its own procedure in its first meeting. What challenges do you foresee in this process?
**Dr. Khan:** The main challenge will be reaching a consensus on procedural matters among the judges. Given the varied philosophies and methodologies among justices, establishing a common procedure that all can agree on might take time. However, if they work collaboratively, it can strengthen the operational framework of the Supreme Court.
**Interviewer:** do you believe this amendment could lead to further reforms in the judicial system in the future?
**Dr. Khan:** Absolutely. This amendment could be a stepping stone towards further reforms. If it proves successful, it might encourage lawmakers and judicial leaders to explore other necessary changes in our legal system, fostering a more robust framework for justice in Pakistan.
**Interviewer:** Thank you, Dr. Khan, for sharing your insights on this important development.
**Dr. Khan:** Thank you for having me. It’s an exciting time for our judicial system.
