Law:

Section:

  Laws (Continuance in Force) Order (President's Post Proclamation 1 of 1958),Art. 5 (1) - Power of legislation can be exercised by Governor at all times irrespective of existence of emergency-Recording expressly his satisfaction as to circum stances necessitating promulgation of Ordinance-Not necessary East Bengal (Emergency) Acquisition of Property (Amendment) Ordinance. (XXII of 1960) Constitution of Pakistan (1956), Art. 102. RI I   It was contended that the East Bengal (Emergency) Acquisition of Property (Amendment) Ordinance, 1960 was bad in law and could not extend the life of the East Bengal (Emergency) Acquisition of Property Act, 1948. The argu ment was that the Governor can make an Ordinance in, the exercise of his legislative power under clause (1) of Article 5 of the Laws (Continuance in Force) Order, 1958 only in the event of an emergency and that too after recording his satisfaction, as required by Article 102 of the Constitution of Pakistan, 1956, as to the existence of circumstances necessitating its promulgation   Held, it is not correct to say that the Governor's legisla tive power under clause (1) of Article 5 of the Laws (Continuance in Force) Order, 1958 can be exercised only in the event of an emergency. When the Provincial Assembly is no more there; the Governor can; subject to the limitation with regard to legisla tion in the concurrent field, make laws within his own field of legislation, at all times, irrespective of the existence of an emer gency. As regards the recording of the Governor as to the existence of circumstances necessitating the promulgation of an Ordinance, Article 102 of the Constitution of Pakistan, 1956 refers to Governor's subjective satisfaction and does not require him to state his satisfaction expressly. Moreover, the clear implica tion of the preamble to the East Bengal (Emergency) Acquisition of Property (Amendment) Ordinance, 1960, is that the Governor was satisfied that circumstances existed which warranted the promulgation of the Ordinance. As there does not exist any pro vision requiring the Governor to state his satisfaction expressly and as the Governor's satisfaction is…