ISLAMABAD: Justice Syed Mansoor Ali Shah, on Monday, remarked that the question of jurisdiction would “arise every day” in the Supreme Court following legislation on constitutional benches.
Justice Mansoor, heading a three-judge bench, while hearing a case on establishment of Pakistan Climate Change Authority for implementation of effective climate change policies, asked Additional Attorney General (AAG) about the notification for the appointment of the Authority’s chairman.
The AAG replied in negative. Upon hearing that, Justice Shah humorously noted, “Now all the busyness must be over,” referencing the recent legislative focus on the amendment.
Senate passes 26th constitutional amendment bill
In another case regarding competency of Competition Ordinance and Act, Justice Shah further joked about whether the case should now be handled by a constitutional bench, adding that this might soon become a recurring question in the Supreme Court.
Advocate Farogh Naseem responded by saying that political cases have now become constitutional cases.
Justice Ayesha remarked; “Now you and your constitutional benches can figure it out,” in response to the changing legal landscape. The justices concluded by postponing the hearing for three weeks, with Justice Mansoor noting that the situation will become clearer by then.
The 26th Amendment brings changes to the Constitution, most of which pertain to the judiciary. Some main reforms include taking away the Supreme Court’s suo motu powers, setting the Chief Justice of Pakistan’s term at three years, and empowering the prime minister to appoint the next CJP from among the three most senior SC judges.
The greatest number of amendments is to Article 175A, which deals with the process of appointment of judges to the Supreme Court, high courts and the Federal Shariat Court.
Copyright Business Recorder, 2024
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