Law: Constitution of Pakistan, 1973

Section: 18,25-A,37(b),199

(a) Constitution of Pakistan--- ----Arts.18, 25A, 37(b), 199 Fourth Sched. Part II, Entry 13---Constitutional jurisdiction of High Court---Scope---Federal Legislative List---Interprovincial matters and coordination---Cooperative and consultative federalism---Constitutional mandate for consultative role of Federal Government and Legislative and Policy competence of Federal Government with regard to inter-provincial coordination---Primary and Secondary Education---Curriculum and syllabus---Single National Curriculum---Fundamental Right of freedom of trade, business or profession---Scopes, who were publishers and developers of textbooks, impugned steps taken by Federal Government in implementation of a Single National Curriculum (SNC) to replace textbooks used in Province for primary and secondary schools, with those sought to be developed by Federal Government under said SNC for use in all Provinces, on the ground, inter alia, that same was against spirit of Constitutional mandate for devolution as issue of curriculum and development of textbooks was a Provincial subject and that impugned actions offended their Fundamental right of business under Art. 18 of the Constitution---Validity----Inter-provincial matters and coordination was within Legislative and Policy competence of Federal Government under Entry 13 of Part II of Fourth Sched. to the Constitution (Federal Legislative List)---Cooperative and consultative federalism could be a way forward with regard to issues such as education which fell within exclusive domain of Provincial Legislative competence and if all Provinces desired bring uniformity in curriculum, then such an idea could only be made to work through well-articulated and comprehensive inter-provincial coordination and objective consultation which could be performed by Federal Government under Federal Legislative Lists had assailed letters of correspondence between Federal and Provincial Government Departments which were consultative in nature and no action detrimental to their interest had been taken and therefore present Constitutional petition was pre-emptive against probable action based on presumptive calculations of its outcome and High…

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