Law: Constitution of Pakistan, 1973

Section: 48,89,90,91,99

Law: Rules of Business, 1973

Section: 6,7,14,16,17,18,20

(a) Pakistan Medical Commission Ordinance (XV of 2019)--- ----Preamble---Pakistan Medical and Dental Council Ordinance (II of 2019), Preamble---Pakistan Medical and Dental Council (Amendment) Ordinance (XI of 2015), Preamble---Pakistan Medical and Dental Council (Amendment) Ordinance (III of 2014), Preamble---Pakistan Medical and Dental Council (Amendment) Act (XIX of 2012), Preamble---Pakistan Medical and Dental Council Ordinance (XXXII of 1962), Preamble---History of different Ordinances promulgated over time for managing the affairs of medical education as well as recognition of medical and dental qualifications traced. PMDC v. Muhammad Fahad Malik 2018 SCMR 1956 ref. (b) Constitution of Pakistan--- ----Arts. 48, 89, 90, 91 & 99---Rules of Business, 1973, Rr. 6,7, 14, 16, 17, 18 & 20---Power of the President to promulgate Ordinances---Necessary requirements for promulgation of an Ordinance stated. Following are the necessary requirements for promulgation of an Ordinance by the President: (i) When the National Assembly was not in session; (ii) Satisfaction of the President; and (iii) Existence of circumstances rendering it necessary to take immediate action. The legislative power conferred to the President under Article 89 of the Constitution was not a parallel power of legislation. It was exercisable only when both the houses of Parliament were not in session and it had been conferred ex-necessitate in order to enable the executive to meet an emergent situation. R.K. Garg v. Union of India AIR 1981 SC India 2138 and Krishna Kumar Singh and others v. State of Bihar AIR 1998 SC 2288 ref. Satisfaction of the President was a condition precedent to the exercise of power (under Article 89 of the Constitution) and if it could be shown that there was no satisfaction of the President at all, or that the satisfaction was absurd or perverse or mala fide or based on extraneous or irrelevant grounds, it would not qualify as 'satisfaction'. Court need not go into whether there was any objective basis for the satisfaction required by Article 89 nor into the issue whether such satisfaction was to be entirely subjective. Sindh High Court Bar Associatin v. Federation of…

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