Law: Constitution of Pakistan, 1973

Section: 18,199

Constitution of Pakistan--- ----Arts. 18 199---Constitutional petition---Judicial review---Right to do business / trade---Policy matters---Wednesbury, principle of---Applicability---Ill-will / mal-intent---Proof---Petitioner assailed conditions of pre-qualification in procurement process prescribing fiscal limits and financial capability---Validity---Incorporation of conditions of pre-qualification, prescribing fiscal limits for prospective firms / bidders to ascertain their financial capability to honor potential commitments undertaken were not unreasonable--- Placement of condition of showing strong financial position, meeting desired business / financial turnover benchmarks was otherwise not violative of Art. 18 of the Constitution, which too permitted lawful qualifications upon conduct of trade or business---Condition imposed was a policy decision, relevance, rationality, and effectiveness thereof could not be reviewed or adjudged by invoking judicial review jurisdiction, unless it was shown that policy decision was or conditions prescribed infringed any of the Constitutionally provided fundamental rights found deficient in meeting legislative competence test or manifested erroneous assumption and exercise of powers---Judicial review jurisdiction could not be stretched to delve into the adjudged policy decisions / administrative policies to ascertain their validity, relevancy and rationality---Conditions prescribed, requiring approval / certifications and ascertaining requisite financial capacity and unwarranted assumption and exercise of jurisdiction had social, political and fiscal costs--- Allegation of ill will and mal-intent to oust local manufacturers was convenient to attribute but difficult to substantiate--- No such evidence / material was referred nor enclosed--- Conditions assailed satisfied test of reasonability examined in the context of Wednesbury Principle--- In absence of any illegality, legislative incompetence and jurisdictional deficiency, High Court declined to proceed to determine and adjudge questions touching relevancy, rationality, objectivity and efficacy of pre-qualification conditions assuming role of a procuring…

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