Law:

Section:

(a) Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act (IV of 2015)--- ----Preamble---Constitution of Pakistan, Arts. 137, 141, 148, 154, Fourth Schedule, Part II, Entries Nos. 11 & 12---Constitution (Eighteenth Amendment) Act (X of 2010), Preamble---Federal and Provincial laws---Obligations of Provinces and Federation---Functions and rules of procedure---Petitioners challenged the constitutionality of Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 on the ground that the Provincial Legislature was not competent to make the Act---Validity---Object of Constitution (Eighteenth Amendment) Act, 2010 was to vest the Provinces with maximum autonomy, both in legislative and administrative spheres---Authority of the Federal Government in the matters mentioned in the Concurrent List had been taken away with certain safeguards supplied in Arts. 137 & 148 (1) of the Constitution in the administrative and executive fields respectively---Article 154(1) of the Constitution related to the formulation of policies relating to Entries No. 11 & 12, Part-II of Fourth Sched. of the Constitution, which explicitly spoke of legal, medical and other professions and standards in the institutions for higher education and research, scientific and technical institution---Federal Government could formulate policies and regulations---However, Art. 154 of the Constitution with reference to the Entries No.11 & 12 could not be blown out of proportion to an extent which might take away the legislative and executive powers of the Province enshrined in Arts. 137 & 141 of the Constitution---Title and Preamble of Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 explicitly referred to the Medical Institutions and Health care services, which had remained subject of the Province, being its sole domain---Medical Institutions and health care services had never been the subject of the Federal Government, even prior to Constitution (Eighteenth Amendment) Act, 2010---Objection was overruled. (b) Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act (IV of 2015)--- ----Preamble----Khyber Pakhtunkhwa Medical and Health Institutions and…

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