Law: Constitution of Pakistan, 1973

Section: 189, 190

  (a) Constitution of Pakistan (1973) Arts. 189 & 190-Supreme Court decision-Binding on all other Courts-Resolution passed by National Assembly after obtaining advice and opinion of Supreme Court and in conformity with such        advice and opinion-Request to High Court to declare such reso lution as passed without competence and lawful authority  Tantamounts to asking High Court to sit in judgment over views of Supreme Court-Petition, held, totally misconceived. (b) Constitution of Pakistan (1972) Art. 3-National Assembly proceedings Passing of resolu tion-Part of legitimate functions of National Assembly-Cannot be questioned in any Court .                                                                                                                                            ORDER K. E. CHAUHAN, J.--The President of Pakistan on 2-7-1973 sought advice of the Supreme Court of     Pakistan under Article 187 of the Interim Constitution as to whether ------ "can the resolution of the purport described in Paragraph 6 above (that is of the letter of Reference) (the bracket is ours) and envisaging such Constitutional measures as may be necessary before the according of      formal recognition be validly adopted by the National Assembly." 2.  The Resolution mentioned above was that which the National Assembly wanted to adopt with regard to the recognition of "Bangla Desh". The details of the actual Reference made and the Resolution are contained      in the judgment of the Supreme Court In re: Special Reference under Article 187 of the Interim     Constitution of the Islamic Republic of Pakistan (P L D 1973 S C 563) and need not be reproduced here in extenso. The Supreme Court…