Law: Constitution of Pakistan, 1973

Section: 199,224A

(a) Constitution of Pakistan--- ----Arts. 199 224A---Constitutional jurisdiction---Resolution by Election Commission, challenge to---Scope---Petitioners challenged the notification issued by the Election Commission of Pakistan (ECP) whereby a Care-taker Chief Minister of the Province was appointed---Contention of the petitioner was that the exercise of such discretion was required to be structured---Validity---Doctrine relating to structuring of discretion does not apply to powers which are conferred under the constitutional scheme on high constitutional bodies such as ECP---Structuring of discretion stems from the doctrine of non-delegation---It applies to delegation of powers made by the legislature on subordinate authorities to be exercised within the confines of the powers mentioned in the primary legislation itself---It is in those cases that issues relating to structuring of discretion arise on the basis of which courts can decide whether the delegatee has exceeded the power conferred upon it by the delegator---Election Commission of Pakistan is a constitutional body and is tasked with making a decision regarding the appointment of a care-taker Chief Minister and the High Court will not go into the merits of that decision---Deference must be given to the decision made by ECP, which merely chooses one of the candidates referred to it on the recommendation of the Chief Minister and the Leader of the Opposition---Decisions made by the exercise of constitutional powers can only be interfered with by superior courts if they contravene the constitution itself--- Constitutional petitions were dismissed. (b) Discretion--- ----Structuring of discretion---Doctrine of non-delegation---Scope---Structuring of discretion stems from doctrine of non-delegation---It applies to delegation of powers made by the legislature on subordinate authorities to be exercised within confines of the powers mentioned in the primary legislation itself---It is in those cases that issues relating to structuring of discretion arise on the basis of which courts can decide whether the delegatee has exceeded power conferred upon it by the delegator. ORDER SHAHID KARIM, J.---This order shall…

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