Law: Constitution of Pakistan, 1973

Section: 270AA(8)(9)

(a) Constitution of Pakistan--- ----Art. 270AA [as amended by Constitution (Eighteenth Amendment) Act (X of 2010)]---Term 'devolution'---Connotation---'Devolution' does not appear anywhere else in the Constitution, it has a specific meaning and it only meant that process (which was to be completed by 30-6-2011), whereby federal matters relating to omitted entries were to be transferred to the Provinces. (b) Constitution of Pakistan--- ----Fourth Sched., Part-I, Entry 16---Provincial authority---Institutions, establishment of---Principles---Existence of Entry 16 in Part-I, of Fourth Schedule to the Constitution, does not prevent any Province from setting up a similar or even identical agency or institute---While agency or institute can be set up relating to any subject, discipline etc., its purpose must conform to the three specified aspects: research, professional or technical training, or promotion of special studies. (c) Court--- ----Historical wrongs---Scope---Court of law is concerned only with constitutional and legal aspects of issues raised before it---Such are the only wrongs that lie with the remit of court and 'historical' wrongs are for history to worry about. (d) Interpretation of Constitution--- ----Constitution provides for continuity and gives due recognition and force to existing laws. (e) Constitution of Pakistan--- ----Art. 270AA(8)(9) [as amended by Constitution (Eighteenth Amendment) Act (X of 2010)] & Fourth Schedule, Part-I, Entry 16---Devolution of power---Provincial autonomy---Medical and Research Institutions established by Federal Government were taken over by Provincial Government after amendment in Art.270AA of the Constitution under, Constitution (Eighteenth Amendment) Act, 2010---Validity--- Devolution contemplated by Art.270AA (8) and (9) of the Constitution, had no relevance for any of said institutions--- Implementation Commission purported to recommend their transfer to Province and the Commission went well beyond its remit, authority and jurisdiction---Implementation Commission erred materially and on the constitutional plane, in making recommendation and Federal Cabinet and Government erred equally in accepting and acting…