Understanding the New Supreme Court Practice and Procedure Act of 2023

The Supreme Court (Practice and Procedure) Act, 2023, officially known as Act No. XVII of 2023, was enacted on April 21, 2023. This landmark legislation addresses various practices and procedures concerning the Supreme Court of Pakistan. Let’s break down the key aspects of this act in clear and concise terms.

1. Title and Commencement:

• The act is titled the “Supreme Court (Practice and Procedure) Act, 2023.”
• It came into force immediately upon enactment.

2. Constitution of Benches:

• The act establishes a Committee to constitute Benches for the Supreme Court.
• The Committee consists of the Chief Justice of Pakistan and the two most senior Judges.
• Decisions within the Committee are reached by a majority vote.
• The Committee’s first meeting aims to determine its procedure and rules.

3. Exercise of Original Jurisdiction:

• Matters invoking the original jurisdiction of the Supreme Court under clause (3) of Article 184 of the Constitution are initially placed before the Committee.
• If the Committee deems that a matter involves a question of public importance related to enforcing Fundamental Rights, it constitutes a Bench of at least three Judges for adjudication.

4. Interpretation of the Constitution:

• When interpreting constitutional provisions, a Bench comprising no less than five Judges of the Supreme Court is constituted by the Committee.

5. Appeal:

• An appeal may be filed within thirty days from an order issued by a Bench exercising jurisdiction under clause (3) of Article 184 of the Constitution.
• Appeals are directed to a larger Bench of the Supreme Court, and they must be scheduled for hearing within fourteen days.
• The right to appeal also applies to orders made under clause (3) of Article 184 before the commencement of this Act, provided they are filed within thirty days of the Act’s commencement.

6. Right to Appoint Counsel of Choice:

• For filing a review application under Article 188 of the Constitution, a party has the right to select its counsel. In this context, ‘counsel’ refers to an Advocate of the Supreme Court.

7. Application for Urgent Matters:

• Applications that assert urgency or request interim relief in a cause, appeal, or matter must be scheduled for a hearing within fourteen days from the date of filing.

8. Act’s Precedence:

• The provisions of this Act take precedence over any other existing laws, rules, regulations, or court judgments, including those of the Supreme Court and High Courts.

In summary, the Supreme Court (Practice and Procedure) Act, 2023, is a significant legal development in Pakistan, streamlining the procedures and practices of the Supreme Court and reinforcing the right to appeal and the appointment of counsel of choice. It empowers the Committee to effectively manage the Court’s operations and interpretations of the Constitution. Additionally, the Act emphasizes the prompt handling of urgent matters.