Law: Constitution of Pakistan, 1956

Section: 18

Law: Chartered Accountant Ordinance, 1961

Section: 21,22

(a) Constitution of Pakistan-----Art. 18---Freedom of trade, business or profession---Regulation by Certification---Scope---Certification is a less intrusive and exhaustive form of regulation---It is a stamp of approval given to an individual for meeting pre-determined requirements, which may entail their entry to a sanctioned register---Certification is often associated with monopoly to use a specific title or professional designation and undertake occupational functions restricted to holders of that title or designation, but does not prevent other persons engaging in other aspects of particular occupation without using such title or enjoying privileges that it may confer---Certification protects members of public seeking particular professional services by signifying qualifications and competence of title/designation holders so that an informed decision may be made as to whether they are qualified to render the same. (b) Constitution of Pakistan----Art. 18---Freedom of profession---Regulation by License---Scope---License is a more restrictive form of professional regulation, where profession is restricted, and it is legally forbidden to practice the profession unless specific requirements are met---Such system provides an occupational group with monopoly control over who can practice in a profession and restricts the profession to only those individuals who have met specific requirements and have been issued a license to practice. (c) Chartered Accountants Ordinance (X of 1961)----Ss. 21 22---Cost and Management Accountants Act (XIV of 1966), Ss. 21 22---Constitution of Pakistan, Art. 18---Constitutional petition---Freedom of trade, business and profession---Alternate and efficacious remedy---Petitioners/Institutes were regulating education, training and certification of persons aspiring to those particular qualifications and accreditations under Chartered Accountants Ordinance, 1961 and Cost and Management Accountants Act, 1966---Petitioners/Institutes were aggrieved of respondent/Institute operating as a parallel institute---Plea raised by petitioners/Institutes was that respondent/institute was operating illegally---Validity--- Even if actions of…

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