Law: Constitution of Pakistan, 1973

Section: 186,186,70-89,115,128,234,254,48,51,222( 2)224(2)

(a) Constitution of Pakistan (1973)----Arts.186, '70 -89,115, 128, 234, 254, 48, 51, 222(2) 224(2)-- Federal and Provincial Governments can authorize incurring of expenditure out of the Federal and Provincial Consolidated Funds up to one month after the declaration of result of the General Elections. The President of Pakistan referred the following question of law of public importance to the Supreme Court for consideration and opinion under Article 186 of the Constitution; "In view of the aforementioned circumstances what measure may be adopted to enable the Federal and Provincial Governments to authorize incurring of expenditure out of the Federal and Provincial Consolidated Funds mentioned above it, the absence of National and Provincial Assemblies after 31-10-1988 till the respective Budgets are passed by the new National and Provincial Assemblies to be elected in the ensuing general elections as aforesaid-` The circumstances of which specific mention has been made necessitating such a reference are the dissolution of the National Assembly on 29th of May, 1988 under Article 58(2)(b) of the Constitution and that of the Provincial Assemblies of the four Provinces under Article 112(2)(b) of the Constitution on the 30th of May, 1988 and 29th of May, 1988 (in the case of Baluchistan Provincial Assembly); the short order of Supreme Court dated 5-10-1988 Federation of Pakistan v. Haji Saif Ullah Khan 1988 S C M R 1996 holding that the dissolution of the Assemblies was constitutionally untenable but not restoring those Assemblies in view of the Elections scheduled to be held for the National Assembly on 16-11-1988 and for the Provincial Assemblies on 19-11-1988; the total involvement of the people of Pakistan, all the political parties, the Election Commission of Pakistan and all other concerned authorities /agencies of the Federal and Provincial Governments in preparation for the Elections to be held on 16-11-1988 and 19-11-1988; the Constitutional mandate in Articles 86 and 126 empowering the Federal Government and the Provincial Governments to incur expenditure from the Federal Consolidated Fund and the Provincial- Consolidated Fund in respect of the estimated…

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