Law: Constitution of Pakistan, 1962

Section: 2,6(2),131,142(1),132

(a) Constitution of Pakistan (1962),   Arts. 2, 6(2), 131 & 142(1) Legislative power-Executive power - Legislative power vests exclusively in Legislature-No power inherent in Executive, "except that vested in it by law"-Article 2, embodies principle of "due course of law"-Inter-Provincial trade exclusive responsibility of Central Legislature-Execution of legislative provisions, with regard to such trade, primary responsibility of Central Government Executive authority-Must be derived from law-Central Government (Commerce Ministry) notification re inter-Provincial betel-leaf trade, purporting to "regulate" such trade-"Regulation", function of Legislature not of Executive-Adjudication of contests as to what amounts to "regulation", function of Judiciary-Constitution of Pakistan (1962), Third Schedule, item (S)-[Inter-Provincial Trade Ordinance (IV of 1964)]-[Muhammad Hossain v. General Manager, E. B. Railway P L D 1961 Dacca 730 and Halsbury's Laws of England, (Hailsham Edition), Volume VI, paras. 424, 425 ref].   (b) Constitution of Pakistan (1962),   Arts. 131 & 132 -Legislation-Delegated legislation-Legislature cannot abdicate its function - Can after enunciating "principles and standards" delegate functions essential to effective exercise of legislative power Cannot "efface itself" or "delegate all its functions"-[Inter Provincial Trade Ordinance (IV of 1964)].   Implicit in the principle of separation of powers-legislative, executive, judicia-is the concept that legislation cannot be delegated to any authority other than the Legislature.   The Legislature is not permitted to abdicate, or to transfer to others, the essential legislative function with which it alone is vested by the Constitution. This is clear from the requirement of the Constitution itself and, as such, this proposition is undeniable and it cannot be contested. It is thus established that essential legislative function cannot be delegated or assigned to any extraneous authority, for example, the Executive.   Legislation must also be adapted to the complex conditions…