Law: Constitution of Pakistan, 1973

Section: 48,48(1),193,199

(a) Constitution of Pakistan (1973) Arts.193, 48 & .199 Appointment of High Court Judges Consultation Connotation Mode of consultation Form of consultation is not material but the substance is important Prime Minister does not find mention in Art.193 amongst the persons, after consultation with whom the President is required to appoint the Judges. The Prime Minister does not find mention in Article 193, amongst the persons, after consultation with whom the President is required to appoint the Judges. It is Article 48(1) which ordains that in exercise of his functions the President shall act in accordance with the advice of the cabinet or the Prime Minister. But Article 193 specifically deals with the appointments of the High Court Judges and wherein a Statute there are two provisions, one of which is of specific character and the other general one, then the specific provision ought to be applied unfettered by the general one. As regards the mode of consultation, as long as there is reasonable passing of information, on the matter in issue, between the authorities concerned, the requirement of law is satisfied. The form of consultation is not material but the substance is important. As regards the absence of the advice of the Prime Minister, interference in the matter, in exercise of discretionary power under Article 199 of the Constitution was not called for Oxford English Dictionary; Stroud's Judicial Dictionary; Law Lexicon by M.C. Desai; Muhammad Sharif v. Federation of Pakistan PLD 1988 Lah. 725 and Government of Punjab v. Naila Begum PLD 1987 Lah. 336 ref. (b) Constitution of Pakistan (1973) Arts.193 & 48 Disctinction Art.193 specifically deals with the appointment of Judges while Art.48 is general in character. (c) Interpretation of statutes Where in a statute there are two provisions, one of which is of specific character and the other general one, then the specific provision ought to be applied unfettered by the general one. Government of Punjab v. Naila Begum PLD 1987 Lah. 336 ref. (d) Constitution of Pakistan (1973) Arts.193 & 199 Appointments of High Court Judges by the President No motive was assigned to the President in making…

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