| Citation(s) |
|---|
| 2018 SLG 1883 2018 SLD 1883 2018 PLD 448 |
Constitutional Petition D-2329 of 2017, decision Dated: 26-02-2018. Dates of hearing: 12th, 13th and 26th September, 3rd, 4th, 5th, 11th, 13th, 17th and 19-10-2017.
MUNIB AKHTAR, JUSTICE OMAR SIAL, JUSTICE
Munir A. Malik, Atif Chaudhry, Agha Faisal, Ms. Amber Lakhani, Ms. Sathi M. Ishaq, Ms. Zara Vayani, Khalid Mehmood Siddiqui, Sameer Chazanfar, Ms. Saify Ali Khan and Ms. Rozina Issa, for Petitioners. Salman Talibuddin, Additioal Attorney General along with Ms. Alizeh Bashir and Asim Mansoor Khan, DAG for
Respondent. Shabbir Hussain Shah, Additional Advocate General Sindh along with Ms. Maryam Atta Malik for
Respondent. Sohail Muzaffar, Kafil A. Abbasi, Kashif Nazir, Ghulam Hyder Shaikh, Ms. Masooda Siraj for Departmental
Respondents.
MESSRS AZFAR LABORATORIES PRIVATE LIMITED THROUGH DIRECTORS AND OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF NATIONAL HEALTH SERVICES AND 4 OTHERS
Law:
Section:
(a) Constitution of Pakistan--- ----Arts. 142 (b) & 144---Constitution (Eighteenth Amendment) Act (X of 2010), Preamble---Legislative powers---Scope---Provisions of Constitution (Eighteenth Amendment) Act, 2010, omitted Concurrent List but still left three competences as concurrent: criminal law, criminal procedure and evidence--- Some of the entries from Concurrent List were shifted to Federal List and changes were also made to some of the entries otherwise to be found in the latter; there are (a) enumerated competences set out in Federal List, which are exclusive to the Federation; (b) three enumerated competences which are concurrent; and (c) a whole host of non-enumerated competences which are exclusive to the Provinces---Parliament, in ordinary course can only make laws in respect of the competences on Federal List and the three which are still concurrent (There are also certain legislative powers expressly conferred on Parliament under various Articles of the Constitution)---Federation, in certain exceptional circumstances, can also acquire power to make laws in respect of non-enumerated competences exclusive to the Provinces---One of such instances has been set out in Art. 144 of the Constitution. (b) Constitution of Pakistan--- ----Art. 141---Legislative power---Extent---In matters relating to legislative competences a broad approach is preferable. (c) Constitution of Pakistan--- ----Art. 144---Power of Parliament---Object, purpose and scope---One principal purpose behind Art.144 of the Constitution is to ensure that there is one law that seamlessly applies across provincial boundaries as a unified whole. (d) Constitution of Pakistan--- ----Arts.144 & 199---Drug Regulatory Authority Act (XXI of 2012), Ss.32 & 40---Alternative Medicines and Health Products (Enlistment) Rules, 2014---Legislative Powers---Parliament legislating for Provinces---Principles were aggrieved of applicability of Drug Regulatory Authority Act, 2012, on various products as manufactured, sold, used or imported by them and assailed the legislative competence of Parliament after Constitution (Eighteenth Amendment) Act, 2010---Validity---Parliament was to apply maximlist…
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