Isabella Carter
The 24th Amendment to the Pakistani Constitution, or the 24th Constitution Amendment Bill, was introduced to the National Assembly in 2016. The bill sought to address the right of appeal in suo motu notices taken by the Supreme Court. The bill was presented as a significant move towards improving the dispensation of justice in the country. Along with the 24th Amendment, two other bills and an ordinance were introduced during the same session, aiming to prevent false and vexatious cases, promote an alternative justice system, and empower the Securities and Exchange Commission of Pakistan (SECP) to tackle money laundering and attract foreign investment.
| Characteristics | Values |
|---|---|
| Date introduced | 19 November 2016 |
| Introduced by | Law Minister Zahid Hamid |
| Aims to | Seek the right of appeal in suo motu notices taken by the Supreme Court |
| Other aims | Empower the Securities and Exchange Commission of Pakistan (SECP) to deal with money laundering cases and promote joint ventures to attract more foreign investments |
| Support | Pakistan Peoples Party |
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What You'll Learn
The 24th Constitution Amendment Bill
In 2016, the Pakistani government introduced the 24th Constitution Amendment Bill in the National Assembly. This bill sought to address the right of appeal in suo motu notices taken by the Supreme Court. The bill was introduced by Law Minister Zahid Hamid, who stated that there was currently no provision for appeal against the orders of the Supreme Court in exercise of its original jurisdiction under clause (3) of Article 184 of the Constitution.
In addition to the 24th Constitution Amendment Bill, the government also introduced two other bills and an ordinance on the same day. These included a bill seeking amendments to the Code of Civil Procedure 1908 and the Code of Criminal Procedure 1898 to prevent the filing of false cases by imposing costs of litigation on those who initiate them. Another bill sought the imposition of litigation costs to prevent false and vexatious litigation. The ordinance was a recently promulgated Companies Ordinance 2016 for amendment to the Companies Act to facilitate joint ventures and attract foreign investment, as well as to empower the SECP to deal with money laundering cases.
The introduction of the 24th Constitution Amendment Bill and the other measures by the Pakistani government in 2016 were aimed at improving the justice system, preventing false cases, and promoting foreign investment in the country. While there was no immediate discussion on the proposed 24th amendment bill, it was a significant step forward in terms of the administration of justice and addressing concerns about the appeal process in Pakistan.
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Right of appeal in suo motu cases
The 24th Amendment to the Pakistani Constitution sought to address the right of appeal in suo motu cases. Suo motu cases concern the "thought of the court", and the amendment bill proposed that at least three judges should be involved in the decision-making process, with the power to constitute benches to hear these cases. This would act as a check on the powers of the court, preventing one judge from acting on their sole volition.
The amendment bill was introduced in the National Assembly in 2016, with the support of the Pakistan Peoples Party, and sought to provide the right of appeal against orders of the Supreme Court in exercise of its original jurisdiction under clause (3) of Article 184 of the Constitution. The bill stated that an aggrieved party should have the right of appeal, in conformity with the fundamental right to a fair trial and due process under Article 10A. The appeal would need to be filed within 30 days of the Supreme Court's order and would be heard by a larger bench than the one that passed the original order.
The right of appeal in suo motu cases was also addressed in the Supreme Court (Review of Judgements and Orders) Bill, 2023, which was passed by the Senate in May 2023. This bill, which also pertained to the right of appeal in such cases, was passed amid opposition from PTI senators, who protested the bill's tabling in the upper house of parliament.
The exercise of suo motu powers by the Pakistani Supreme Court has been a matter of controversy, with some arguing for a restricted practice that only allows for cases pertaining to judicial review of the acts of the National Assembly. Others have pointed to the increasing backlog of cases in the Supreme Court, arguing that devolving its powers of suo motu would free the court from taking on additional cases.
The Indian Courts have been credited with pioneering the use of suo motu powers, inspiring other South Asian Courts, including Pakistan, to adopt similar practices.
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Imposing cost of litigation to prevent false cases
In 2016, the Pakistani government introduced the 24th Constitution Amendment Bill, which sought to establish the right to appeal in suo motu notices taken by the Supreme Court. The bill also included two other bills and an ordinance. One of these bills aimed to impose the cost of litigation to prevent false and vexatious cases.
The law minister, Zahid Hamid, introduced the bill to prevent the tendency of filing false cases by imposing the cost of litigation on those responsible for initiating such cases. This bill sought to amend the Code of Civil Procedure 1908 and the Code of Criminal Procedure 1898.
The proposed 24th Amendment Bill was a significant move towards improving the dispensation of justice in Pakistan. It was supported by the Pakistan Peoples Party, which stated that the right of appeal in suo motu cases was a demand of theirs and that they would back the government in passing the bill.
The 24th Constitution Amendment Bill was a constitutional amendment, which required a two-thirds majority in the National Assembly for passage. This meant that the government needed the support of opposition members to pass the bill. The bill was introduced in the National Assembly, and while no discussions took place on the proposed amendment, Speaker Ayaz Sadiq gave consent for its introduction.
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Empowering the SECP to deal with money laundering
In 2016, the Pakistani government introduced the 24th Constitution Amendment Bill in the National Assembly. One of the key objectives of this bill was to empower the Securities and Exchange Commission of Pakistan (SECP) to deal with money laundering cases and promote joint ventures to attract more foreign investment.
Previously, the Federal Investigation Agency handled money laundering cases in Pakistan. However, the 24th Constitution Amendment Bill sought to transfer this responsibility to the SECP, which is the country's primary regulator of the securities market. The bill aimed to amend the 32-year-old law regarding companies to ensure proper documentation and enhance transparency in the country's financial system.
By empowering the SECP to tackle money laundering, the Pakistani government intended to strengthen the country's anti-money laundering framework and improve its ability to combat financial crimes. This move was seen as a significant step towards creating a more favourable investment environment and boosting foreign investment in Pakistan.
The SECP's new mandate to address money laundering cases was expected to improve coordination and information sharing between regulatory bodies and law enforcement agencies. It would enable the SECP to collaborate more effectively with domestic and international partners to investigate and prosecute money laundering offences, as well as to recover laundered assets.
Additionally, the 24th Constitution Amendment Bill was designed to facilitate joint ventures by providing a more transparent and secure investment environment. By empowering the SECP to tackle money laundering, the bill aimed to increase investor confidence, particularly from foreign investors, and encourage greater participation in joint ventures within Pakistan. This initiative was part of the government's efforts to promote economic growth and development in the country.
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Facilitating joint ventures to attract foreign investment
Pakistan's 24th Amendment, tabled in 2016, sought to facilitate joint ventures to attract foreign investment. The amendment bill was introduced in the National Assembly by the Law Minister, Zahid Hamid, and aimed to provide the right of appeal in suo motu notices taken by the Supreme Court. While there was no discussion on the proposed amendment, it was an important step towards facilitating joint ventures and promoting foreign investment in the country.
Pakistan has a liberal foreign investment regime, with most sectors of the economy open to foreign investment. The Foreign Private Investment (Promotion and Protection) Act, 1976, ensures equal treatment for foreign and domestic private investments. There are no restrictions on the amount of foreign equity investment in any sector, except in specific regulated industries such as media and airlines, where there are upper limits on foreign ownership. The sale of shares in private companies also offers existing shareholders a right of first refusal, allowing them to retain ownership and control.
To further enhance the business environment, the Special Investment Facilitation Council (SIFC) was established, comprising the country's civil and military leadership. The SIFC aims to streamline approval processes and facilitate policy reforms to attract foreign investment. It has identified key sectors for prioritization, including IT, agriculture, energy, and defence production. The government's commitment to attracting foreign investment is also evident through policies like PIP 2023, which reaffirms an open-admission policy for foreign investment and the repatriability of profits.
Additionally, Pakistan has taken steps to improve industrial relations and labour laws. The Industrial Relations Acts in various provinces require joint management boards with worker representation to address productivity, efficiency, and worker remuneration. These measures contribute to a stable and attractive investment environment, facilitating joint ventures and promoting economic growth in the country.
The 24th Amendment, along with other initiatives, demonstrates Pakistan's efforts to create favourable conditions for foreign investment. By providing legal protections, streamlining processes, and prioritising key sectors, the country is taking proactive steps to attract international investors and foster joint ventures, ultimately driving economic development and growth opportunities.
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Frequently asked questions
The 24th Amendment in the Pakistani Constitution was a bill introduced in 2016 that sought to establish the right of appeal in suo motu notices taken by the Supreme Court.
A suo motu notice is a legal term that refers to a court's power to initiate a case on its own motion, without the need for a formal complaint or petition.
It is unclear whether the 24th Amendment bill passed or not. However, it was introduced in the National Assembly and supported by the Pakistan Peoples Party.
The 24th Amendment bill, if passed, would have had significant implications for the dispensation of justice in Pakistan. It would have provided citizens with the right to appeal decisions made by the Supreme Court, adding a layer of accountability and citizen empowerment in the judicial system.
