Law: Constitution of Pakistan, 1973

Section: 7,8

(a) Constitution of Pakistan--- ----Arts. 7, 8---Fundamental Rights State---Scope---State is prohibited under Art.8 of the Constitution from enacting a law which takes away fundamental right conferred upon a citizen---State defined in Art.7 of the Constitution includes the Parliament i.e. Legislature, as part of the State. (b) Interpretation of statutes--- ----Deeming clause---Scope---Deeming clause is known as a legal fiction, which is not an actual reality but law recognizes the same and Court accepts it as a reality---In case of a legal fiction, Court believes something to exist which in reality does not exist; it is nothing but presumption of existence of state of affairs which in actuality is non-existent---Fact of such legal fiction is that a position which otherwise would not be obtained is deemed to be obtained under the circumstances---Purpose of importing deeming clause is to place artificial construction upon a word / phrase that would not otherwise prevail and sometimes it is to make the construction certain---Deeming clause is a fiction and cannot be extended beyond language of the section by which it is created or by importing another fiction. Gajraj Singh and others v. The State (1997) 1 SC 650; All Pakistan Newspaper Society v. Federation of Pakistan PLD 2012 SC 1 and Muhammad Mubin us Salam v. Federation of Pakistan PLD 2006 SC 602 rel. (c) Jurisprudence--- ----Legal right---Essential elements of a legal right stated: i. It is vested in a person who may be distinguished as owner of the right, the subject of it, the person entitled; ii. A person against whom the right avails and upon whom correlative duties lie, he may be distinguished as the person bound or as the subject of duty; iii. An act or omission which is obligatory on a person in favour of the person entitled. This may be termed the content of the right; iv. Something to which the act or omission relates and which may be termed the object or subject matter of the right; and v. A title that is to say, certain facts or events by reason of which the right has become vested in its owner. Blacks Law Dictionary rel. (d) Jurisprudence--- ----Vested right---Scope---Right that so completely and…

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