Law:

Section: 97,137

(a) Constitution of Pakistan--- ----Arts. 97 & 137---Executive authority---Federation and Provinces--- Scope---Key provision as regards executive authority is Art.97 of the Constitution, which relates to the Federation and Art. 137 of the Constitution, applies to the Provinces---Both setout the basic rule in identical language: executive authority extends to those matters in respect of which relevant legislature has power to make laws---If a legislative competence (or field or entry) falls exclusively in Federal domain, then executive authority in relation thereto lies only with the Federation (and, since Parliament can make laws for the whole of Pakistan and also with extra-territorial effect, the executive authority of Federation operates accordingly)---On the other hand if a legislative competence (or field or entry) falls exclusively in the provincial domain, then the executive authority 'in relation thereto lies only with the Provinces. Pakistan International Freight Forwards Association v. Province of Sindh and another 2017 PTD 1; Dr. Nadeem Rizvi and others v. Federation of Pakistan and others PLD 2017 Sindh 347 and Karamat Ali and others v. Federation of Pakistan and others C.P. No.D-7097/2016 rel. (b) Pakistan Medical and Dental Council Ordinance (XXXII of 1962)--- ----S. 33 (2)---MBBS and BDS (Admissions, House Job and Internship) Regulations, 2016, Reglns. 3, 4 & 9---Constitution of Pakistan, Arts.97 & 137---Constitution (Eighteenth Amendment) Act (X of 2010), Preamble---Federal or Provincial Authority---Medical profession and education---Scope---Legislative competence has been shifted under the Eighteenth Constitutional Amendment, to Federal List and is now exclusively in Federal domain---No change has been effected in Pakistan Medical and Dental Council Ordinance, 1962, it was previously a Federal law and continues to remain so but executive authority in relation to legislative competence has drastically altered---Competence now being exclusively Federal, the provincial executive authority in relation thereto has ceased to exist and disappeared---Competence ceased to be concurrent, therefore, Federal executive authority, which…

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