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Suo motu in Pakistan: A distorted instrument unrecognisable – Prism

Suo motu in Pakistan: A distorted instrument unrecognisable – Prism

In a recent development, a bill was introduced in the National Assembly to address the issue of the Supreme Court’s suo motu powers. The bill proposed changes that would require a larger number of judges to make a decision regarding the exercise of such powers. This move comes in light of concerns about the imbalance of power between Parliament and the apex court in Pakistan.

Over the years, the Supreme Court has utilized its suo motu powers to intervene in various issues, ranging from financial matters to public policy making. However, this extensive use of powers has raised questions about the limits of the court’s authority and its impact on other state institutions.

To address these concerns, a proposal has been put forward to amend Article 184(3) of the Constitution, which grants the Supreme Court original jurisdiction. The amendments aim to restrict the scope of suo motu action to cases of public interest and ensure accountability and transparency in the process.

By refining the suo motu practice and establishing clear guidelines, the aim is to strike a balance between judicial activism and overreach. These measures seek to enhance access to justice and uphold the principles of democracy while maintaining the integrity of Pakistan’s legal system.





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