| Citation(s) |
|---|
| 2018 SLG 1168 2018 SLD 1168 2018 SCMR 802 |
Civil Appeals Nos. 1583 to 1598 of 2014, 970 and 971 of 2013, 4, 5, 606 and 1152 of 2015 and Civil Petition No. 2154-L of 2014 and Civil Misc. Application No. 484-K of 2014 in Civil Appeal No. 1598 of 2014, hearing Date : 10-1-2018. (Against the judgments Date 4-8-2014, 29-10-2010, 3-12-2014, 18-3-2015, 9-6-2015 and 17-4-2014 of the High Court of Sindh, Karachi/Islamabad High Court, Islamanbad/Peshawar High Court, Peshawar/Lahore High Court, Lahore passed in C.Ps. Nos. D-304/2012, D-3195/2010, D
Khalid Anwar, Senior Advocate Supreme Court, Nisar A. Mujahid, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Appellants (in C.As. Nos.970 and 971 of 2013) Asim Iqbal, Advocate Supreme Court for Appellants (in C.A. No. 1583 of 2014). Dr. Muhammad Farough Naseem, Advocate Supreme Court for Appellants (in C.As. Nos.1584, 1585, 1589, 1590, 1591, 1593, 1596, 1597 and 1598 of 2014). Nemo for Appellants (in C.As. Nos. 1586, 1587, 1588, 1592, 1594 and 1595 of 2014). Tariq Masood, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Appellants (in C.As. Nos.4 and 5 of 2015). Shahid Anwar Bajwa, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellants (in C.A. No. 606 of 2015). Mehmood Abdul Ghani, Advocate Supreme Court and M.S. Khattak, Advocate on Record for Appellants (in C.A. No. 1152 of 2015). Khalid Ismail, Senior Advocate Supreme Court for Appellants (in C.P. No. 2154-L of 2014). M. Makhdoom Ali Khan, Senior Advocate Supreme Court for
Respondents (in C.As. Nos.1583, 1585, 1586, 1590 to 1595 of 2014). Rasheed A. Rizvi, Senior Advocate Supreme Court for
Respondents (in C.A. Nos. 1584 and 1587 of 2014). Khalid Ismail, Advocate Supreme Court for
Respondents (in C.As. Nos. 4 and 5 of 2015, 970, 971 of 2013). Nemo for
Respondents (in C.A. No. 970 of 2013). Amir Javed, Advocate Supreme Court for
Respondents (in C.A. No. 1152 of 2015). Salman Riaz Ch., Advocate Supreme Court for
Respondents (in C.P. No. 2154-L of 2014). Saleem Khan, Advocate Supreme Court, Qazi Ahmed Naeem Qureshi, Advocate Supreme Court and Mehmood A. Sheikh, Advocate-on-Record for Intervener.
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 184(3)---Vires of statute---Legislative enactment, vires of---Judicial review---Scope---While considering the vires of a legislative enactment under its powers of judicial review, the Supreme Court could consider not only the substance of the law but also the competence of the legislature---Further no mala fide could be attributed to the legislature,however, the bona fides of the legislature as also the purpose and object of a statute may also be considered in the determination of the vires of a statute---Vires of a statute could also be determined on the ground that the legislation was colourable. (b) Constitution of Pakistan--- ----Art. 184(3)---Legislative enactment, constitutionality of---Judicial review---Scope---When a law was enacted by the Parliament, the presumption was that Parliament had competently enacted it (law), and if the vires of the same (law) were challenged, the burden always laid upon the person making such challenge to show that the same (law) was violative of any of the Fundamental Rights or the provisions of the Constitution ---Where two opinions with regard to the constitutionality of an enactment were possible, the one in favour of the validity of the enactment was to be adopted---Court should lean in favour of upholding the constitutionality of a legislation and it was thus incumbent upon the Court to be extremely reluctant to strike down laws as unconstitutional---Such power should be exercised only when absolutely necessary as injudicious exercise of such power might well result in grave and serious consequences. (c) Constitution of Pakistan--- ----Fourth Sched.---Legislative Lists, interpretation of---Principles stated. Principles of interpretation with regard to Entries in the Legislative Lists were as follows: (i) The entries in the Legislative Lists of the Constitution were not powers of legislation but only fields of legislative heads; (ii) In construing the words in an Entry conferring legislative power on a legislative authority, the most liberal construction should be put upon the words; (iii) While interpreting an Entry in a Legislative List it should be given widest possible…
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