Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 185(3)-Leave granted unconditionally to consider legality of legislative measures struck down by High Court as ill-motivated and for other flaws. (b) Constitutional History-- Constitutional History of Pakistan (1962-1977) highlighted in detail. (c) Words and phrases - Expression "subject to all just exceptions" as appearing in order of High Court allowing application for amendment of pleading-Connotation-Order allowing amendment with such condition, held, reviewableCivil Procedure Code (V of 1908), O. VI, r. 17. Ghulam htuhammad and another v. Irshad Ahmad and another P L D 1982 S C 282 ref. (d) Vires of statute-- -- Power of Court to examine-Court itself being a creature of Constitution, its powers are limited to examine legislative competence or to such other limitations as are provided in Constitution. When a Court which is a creature of the Constitution itself, examines the vires of an Act, its powers are limited to examining the legislative compe tence or to such other limitations as are in the Constitution ; and while declar. ing a legislative instrument as void, "it is not because the judicial power is superior in degree or dignity to the legislative power" but because it enforces the Constitution as a paramount law either where a legislative instrument is in conflict with the constitutional provision so as to give effect to it or where the Legislature fails to keep within its Constitutional limits. Tariq Transport Co. v. Sargodha Bhera Bus Service PL D 1.958 S C (Pak.) 437 and State v. Zlaur Rehman P L D 1973 S C 49 ref. (e) Judicial review-- -- Scope-Confined to enforcement of Constitution as Supreme lawPurpose of judicial review is corrective or directory and extends to determining legality of administrative action and in relation thereto constitutionality of legislation-Judicial review does not extend to prying into affairs of Legislature -Courts to refrain from exerting inquiry into motives of legislation-Inquiry involving proof, being outside scope of judicial review, no presumption can thus be drawn as to fact such as malice-No adverse inference can be drawn on matter exclusively pertaining to legislative…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492