Here are the details of the Supreme Court Practice and Procedure Amendment Bill that the government bulldozed through the National Assembly on Monday. It was approved by a majority vote amid a protest by the opposition in the House.

Many would wonder how it would impact the judicial system. To answer that query, we have written down the points of the bill for your better understanding.

To start with, Law Minister Azam Nazeer Tarar said: “This amendment will increase the number of judges in the Supreme Court up to 34, so that the backlog of cases can be cleared, and that after the 26th Amendment, we can have judges to form the constitutional benches.”

Tarar, who presented the bill, said that bar lobbies and the Supreme Court Bar Association had recommended such changes to the law.

The amendments to the Supreme Court (Practice and Procedure) Act, 2023 expanded the act to include additions made in the 26th Constitutional Amendment. It has introduced constitutional benches.

The bill proposed adding Article 191A to the Constitution, which relates to the formation of constitutional benches, to the preamble. The preamble of the 2023 act stated: “[…] Article 191 of the Constitution allows the Supreme Court to create rules that govern its practice and procedures.”

Additionally, the bill suggested an amendment to Section 1, sub-section (2), to ensure that the act would take effect at the same time as the Constitution (Twenty-sixth Amendment) Act, 2024.

Furthermore, the bill aimed to expand subsections (1) and (2) of Section 2 to include constitutional benches. Subsection (1) specifies that “Every case, appeal, or matter brought before the Supreme Court will be heard and decided by a bench made up of the Chief Justice of Pakistan and the two next most senior judges, in order of their seniority.”

The proposed bill would expand the committee to include “the most senior judge of the constitutional benches.” If the senior-most judge on the constitutional bench has not been nominated, the committee would consist of the Chief Justice and the second-most senior judge. Additionally, the Chief Justice can appoint any Supreme Court or constitutional bench judge to the committee if a member declines to participate.

The bill would also add a new section, Section 2A, to the existing act, which describes how constitutional benches operate. It states that if there is uncertainty about whether a case, matter, petition, appeal, or review application should be heard by a constitutional bench or another Supreme Court bench, the committee formed under Article 191A will make that determination.

If the committee decides that the matter should be handled by a constitutional bench, it will assign it for hearing and resolution. If it determines that the matter does not belong to a constitutional bench, it will refer it to the committee created under Section 2 for consideration by another bench.

The bill states that the registrar of the Supreme Court will provide the necessary administrative and secretarial support to the constitutional benches. It also specifies that, depending on the availability of judges, the constitutional benches will include an equal number of judges from each province.

The responsibility for providing secretarial and administrative support to constitutional benches will fall under the registrar of the Supreme Court.

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According to the bill, judges will be included in the constitutional benches based on their availability, ensuring representation from each province. Furthermore, any decisions made by a constitutional bench can be appealed to a larger constitutional bench within thirty days. Appeals against Article 184(3) of the Constitution will also be transferred to the constitutional bench.

The bill introduces Sections 7A and 7B, stating that all cases, matters, or appeals brought before the Supreme Court will be heard on a first-in, first-out basis. Each case, matter, or appeal will be recorded in the Supreme Court, and a transcript will be prepared. Parties can obtain this transcript for judicial proceedings at a fee of 50 rupees per page.

These changes aim to enhance the efficiency and transparency of the Supreme Court’s operations, reflecting a commitment to improving judicial processes in Pakistan.