Law: Constitution of Pakistan (1956)

Section: 102,106,193

Law: West Pakistan Goats (Restriction) Ordinance (XLII of 1959)

Section: 3

(a) Laws (Continuance in Force) Order (I of 1958), Art. S read with Constitution of Pakistan (1956), Arts. 102, 106 & 193 Governors continued to enjoy executive and legislative powers notwithstanding abrogation of Constitution (1956).   (b)       West  Pakistan Goats (Restriction) Ordinance   (XLII     of 1959)-Validity-Provincial Legislature standing dissolved-Ques tion whether there was "urgency" or that Governor should have waited till Legislature met in session did not arise at relevant time-Question of "urgency", however, one which had to be decided by competent authority, i.e., Governor-No facts placed on record to show that no emergency existed in 1959 making it necessary to restrict number of goats for preventing "destruction of forests and erosion of soil"-Mere assertion that action under Ordinance not completed even after 7 years-Not sufficient to prove that it was not necessary to take action in this behalf-Validity of Ordinance cannot be challenged on such grounds.   Benoari Lal Sarma's case 72 I A 57 and Fazlul Quader Chaudhury and others v. Muhammad Abdul Haque P L D 1963 S C 486 rel.   (c) West Pakistan Goats (Restriction) Ordinance (XLII of 1959), S. 3 read with Preamble-Object and intention of Legislature underlying Ordinance- AscertainableSection 3 does not amount to excessive delegation of legislative power but is a valid piece of legislation.   Section 3 of the Ordinance read with its Preamble gives sufficient indication of the policy and intention of the Legislature regarding the steps that it desires the executive to take and the stages by which these steps should be completed. There is thus no question here of vesting uncontrolled power in the executive Government.   The Ordinance has been promulgated with a view to preven ting "soil erosion and destruction of forests which have resulted from the grazing of goats". It is, therefore, clear that the object of this legislation is ascertainable, and the means by which it has to be achieved are also clear. Section 3 is, therefore, clearly a valid piece of…