Supreme Court Ruling Tightens Legislative Powers in Pakistan

The Supreme Court of Pakistan ruled that national or provincial assemblies cannot enact laws that infringe upon fundamental rights guaranteed by the Constitution. This ruling came as Justice Syed Mansoor Ali Shah's bench heard appeals against amendments to tax laws. The decision impacts legislative powers, particularly concerning retrospective and prospective laws.

In a significant setback for the Pakistan government, the Supreme Court has declared that national and provincial assemblies are barred from enacting laws that contravene fundamental rights enshrined in the Constitution.

The verdict, articulated by Justice Syed Mansoor Ali Shah, followed a letter by Speaker National Assembly Ayaz Sadiq to the Election Commission of Pakistan (ECP), urging retrospective enforcement of a legal amendment restricting independent lawmakers from joining political parties. Justice Shah pronounced this while presiding over a three-judge bench handling appeals against the 2019 amendments to Section 65B of the Income Tax Ordinance (ITO), 2001.

The Dawn newspaper highlighted that Justice Shah underscored Article 8 of the Constitution, which limits legislative bodies from creating laws that infringe on constitutional rights. This restriction applies to both future (prospective) and past (retrospective) laws.