CONSTITUTIONAL DYNAMICS: ANALYZING THE ROLE AND POWERS OF THE CHIEF JUSTICE IN BENCH FORMATION IN THE SUPREME COURT OF PAKISTAN

Abstract

The research paper explores the constitutional powers of the Chief Justice of Pakistan in constituting benches in the Supreme Court, focusing on the implications of recent legislative changes introduced by the Supreme Court (Practice and Procedure) Act, 2023. The study reveals an understanding of the Chief Justice's role and the establishment of a three-member committee to address concerns of potential abuses of power, enhancing the fairness and transparency of the judicial process. The Act's approval marked a significant shift in the judiciary, sparking debates on its impact on judicial independence and citizens' access to justice. Contrary to prevailing beliefs, the research asserts that the Supreme Court itself possesses constitutionally defined powers in bench formation. The study delves into historical cases, legislative changes, and contemporary debates, contributing to the discourse on the evolving dynamics of the Chief Justice's discretion. The research emphasizes the need for ongoing scrutiny and adaptation to ensure a robust and just judicial system, challenging traditional practices and fostering discussions on the appropriate distribution of powers within the judiciary. While acknowledging certain limitations, the research provides valuable insights for informing judicial practices, policy decisions, and legal discourse, aiming to uphold justice and safeguard the fundamental rights of Pakistani citizens.