Law: Constitution of Pakistan, 1973

Section: 18,199

P L D 2025 Lahore 7Before Asim Hafeez, JHUMAN RIGHTS COMMISSION OF PAKISTAN---PetitionerVersusFEDERATION OF PAKISTAN through Secretary, Ministry of Economic Affairs, Islamabad and another---RespondentsWrit Petitions Nos.15453, 29024 and 34713 of 2024, decided on 6th September, 2024.(a)    Legislation-------Policy---Applicability---Policy, in absence of sanction of law or legislative authorization, cannot be acknowledged as a vehicle to restrict exercise and enjoyment of qualified fundamental rights---Executive authority cannot be allowed to expropriate the rights through policy-making mechanism, unless policy is hedged by law---Rules do not extend policy making authority without sanction of law/legislative authorization.Pakistan Muslim League (N) through Khawaja Muhammad Asif, M.N.A and others v. Federation of Pakistan through Secretary Ministry of Interior and others PLD 2007 SC 642 rel.(b)    Constitution of Pakistan-------Arts. 18 & 199---Policy for Local NGOs/NPOs Receiving Foreign Contributions-2022---Constitutional petition---Policy---Sanction of law, absence of---Effect---Regulation of trade and profession---Petitioners assailed Policy for Local NGOs/NPOs Receiving Foreign Contributions 2022 on the ground that it failed to meet requirements of Art. 18 of the Constitution and Federal Government/Federal Cabinet lacked requisite legislative authorization for the purposes of framing the Policy---Validity---Constitutional scheme does not envisage exercise of legislative powers by Federal Cabinet, unless such power/authority is exercised under authority of Legislature---Act of policy making, in absence of legislative authorization, manifests encroachment in legislative domain vis-a-vis the requirements prescribed under qualifying provision of Art. 18(a) of the Constitution---No prerogative/ authority can be extended to Federal Cabinet to curtail fundamental rights through executive action, upon framing of policy, unless such action is backed by law---Assumption and exercise of powers, without legislative authorization, for regulation of trade through licensing system in the garb of Art. 18(a) of the Constitution,…

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