Law: Constitution of Pakistan 1973

Section: 199

(a) West Pakistan Foodstuffs Distribution Order, 1967  S. 6(3) and Rules of Business (Punjab), 1974, r. 3Words and phrases"Government"Meaning. [Words and phrases]. Use of word `Government in the context of section 6, subsection 3 of the West Pakistan Foodstuffs Distribution Order, 1967 would mean Government acting through the Secretary of the Department. (b) Words and phrases  "Administration"Definition. Administration may also be defined as the exercise of political powers within the limits of the Constitution as the total concrete and the manifoldly changing activity of the State, in particular cases, and as the functions or the activity of the sovereign power. (c) West Pakistan Foodstuffs Distribution Order, 1967  S. 6(3)Revision Revision petition under section 6(3) neither administrative act nor administration Exercise of power under section, held, essentially a judicial act.[Revision (civil] Revision petition under section 6, subsection (3) of the West Pakistan Foodstuffs Distribution Order, 1967 would riot come within the ambit of an administrative act or administration. The exercise of powers under the said section is essentially a judicial act which involves the exercise of a judgment or discretion as distinguished from a ministerial or executive act. (d) Words and phrases  "Judicial action"Definition. A judicial action may be defined as an adjudication upon rights of parties who in general appear or are brought before a tribunal by notice or process and upon H hose claim some decision or judgment is rendered. The act of an administrative or ministerial officer doer not become judicial simply because it requires some discretion and judgment, but it becomes judicial only when there is an opportunity to be heard, and the production and weighing of evidence and a decision therein. Professor S. A. de Smith's Judicial Review of Administrative Action, 2nd Edn., R. v. Dublin Corporation 2 L R Ir. 371; R. v. Local Government Board (1902) 2 I R 349 and R. v. Electricity Commissioner (1924) 1 K B 171 ref. (e) Constitution of Pakistan (1973)  Art. 199Writ jurisdictionAny body or persons having legal…