Supreme Court (Practice and Procedure) Act, 2023

Summary of the Supreme Court (Practice and Procedure) Act, 2023

Objectives and Key Points:

• Title and Commencement: The Act is titled the Supreme Court (Practice and Procedure) Act, 2023, coming into immediate effect and retroactively applicable from the date of the commencement of the Constitution (Twenty-sixth Amendment) Act, 2024.

• Constitution of Benches: The Act mandates the formation of Benches by a Committee consisting of the Chief Justice of Pakistan, the most senior Judge of the Supreme Court, and the most senior Judge of the Constitutional Benches. This Committee is responsible for hearing and disposing of cases, with its decisions being made by a majority.

• Practice and Procedure of Constitutional Benches: A specific procedure is outlined for determining whether a matter falls under the jurisdiction of a Constitutional Bench or another Bench of the Supreme Court. The Act ensures administrative support for Constitutional Benches and aims for equal representation of Judges from each Province in these Benches.

• Appeals: Provides for the right to appeal within thirty days from an order of a Constitutional Bench, with the possibility of transfer to a larger Constitutional Bench if practicable.

• Right to Appoint Counsel of Choice: Parties filing a review application under Article 188 of the Constitution have the right to appoint a counsel of their choice, defined as an Advocate of the Supreme Court.

• Urgent Matters and Hearing Order: Urgent applications or those seeking interim relief must be fixed for hearing within fourteen days. The Act also introduces a "first in, first out" principle for hearing cases, ensuring a systematic approach to case hearings.

• Recording and Transcript of Proceedings: All hearings in the Supreme Court are to be recorded, with transcripts prepared and made available upon payment.

• Overriding Effect: The Act overrides other laws, rules, regulations, or judgments that are in conflict with its provisions, ensuring its supremacy in matters of Supreme Court practice and procedure.

Potential Impacts:

• Enhanced Judicial Efficiency: By establishing clear guidelines for the constitution of Benches and the hearing of cases, the Act aims to streamline Supreme Court procedures, potentially leading to quicker resolutions of legal matters.

• Transparency and Accessibility: The requirement for recorded hearings and available transcripts enhances the transparency of judicial proceedings and makes it easier for parties to access and rely on court records.

• Equitable Representation: The emphasis on equal representation of Judges from each Province