Law:

Section:

Constitution of Pakistan--- ----Arts. 91 & 199---Constitutional petition---Petitioner sought direction for appointment of a "shadow cabinet" on the ground that the same was within the Constitutional requirements of Art.91 of the Constitution for a parliamentary form of Government---Petitioner further contended that "shadow cabinets" existed in other parliamentary governments across the world---Validity---Article 91 of the Constitution did not suggest forming of a shadow cabinet and the concept of a shadow cabinet had not been given anywhere in the Constitution---High Court observed that governance of Pakistan had to be conducted in accordance with the Constitution and any parliamentary practice in other parliamentary systems of the world may have persuasive value but it was not per se part of the legal system of Pakistan, unless incorporated through appropriate legislative interventions---Question as to whether there should be a "shadow cabinet" in Pakistan was a matter which could only be decided by political parties representing the citizens of the country in the Parliament and there was no legal inhabitation upon them in such regard---High Court further observed that to give directions to form a "shadow cabinet" did not come within the ambit of the powers of the High Court under Art.199 of the Constitution and the same could only be done through amendment in the Constitution and not by the High Court whilst exercising its Constitutional jurisdiction---Constitutional petition was dismissed in circumstances. Government of Sindh through Chief Secretary to Government of Sindh, Karachi and others v. Sharaf Faridi and others PLD 1994 SC 105; Province of Sindh through Chief Secretary and others v. M.Q.M. Deputy Convener and others PLD 2014 SC 531 and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs, Islamabad and 3 others 1999 SCMR 1379 rel. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, JUSTICE:---.--- Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter called "the Constitution"), the petitioner has…

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