24th Amendment is the new PML-N strategy to counter the Panama Leaks case. After this Amendment, the Government will be able to challenge the decision of the Supreme Court on Panama Leaks. The rationale of the Government behind this movement is not based on values, but is political in nature.
What Article 184(3) says?
“Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article”
On Friday, November 18, the Federal Government presented a draft of constitutional amendment to the National Assembly, proposing a right of appeal against a Supreme Court order issued in Suo Motu cases. The Constitution (24th Amendment) Bill, 2016, suggests the addition of two new clauses – 184 (4) and 184 (5) – to article 184 (Original Supreme Court jurisdiction) of the Constitution. The clauses propose that any person aggrieved by an order issued by the Supreme Court under Clause (3) of Article 184 could file an appeal in the Supreme Court and such appeals would be heard by a court larger than the court approving the order. At present, the only remedy available to the affected under this jurisdiction of the apex court is a request for review, and that, too, it is heard by the same court that had previously approved the order.
The proposed Clause 184 (4) says, “Any person aggrieved by an order passed by the Supreme Court under Clause (3) may, within 30 days of the passing of such order, prefer an appeal to the Supreme Court.”
While, the proposed Clause 184 (5) suggests, “An appeal preferred under [proposed] Clause (4) shall be heard by a bench larger than the bench which had passed the order under appeal.”
The government will be requiring a two-thirds majority in the National Assembly to get the bill passed from the lower house of parliament.