| Citation(s) |
|---|
| 1989 SLG 896 1989 SLD 896 = 1989 PLD 166 |
Supreme Court of Pakistan
Civil Appeals Nos. 314, 315, 316, 317 and civil PetitionsNos. 392-R and 393-R of 1988, heard on 5-10-1988.
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH, ABDUL KADIR SHAIKH, SHAFIUR RAHMAN, JAVID IQBAL, GHULAM MUJADDID, SAAD SAOOD, JAN. USMAN ALI SHAH, ALI HUSSAIN QAZILBASH AND NAIMUDDIN, JJ
Aziz A. Munshi, Attorney General, Malik M. Qayyum, Dy. Attorney General; Khalil Ramday, A.G. Punjab; K.A.Ghani, Advocate Supreme Court; Tanvir Ahmad Khan, Addl. A.G. Punjab; Nawaz Abbasi, Asstt. A.G. Punjab; Maqbool Ahmad, Advocate Supreme Court; Ch. Faza
Civil Appeals Nos. 314, 315, 316, 317 and civil PetitionsNos. 392-R and 393-R of 1988, heard on 5-10-1988.
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH, ABDUL KADIR SHAIKH, SHAFIUR RAHMAN, JAVID IQBAL, GHULAM MUJADDID, SAAD SAOOD, JAN. USMAN ALI SHAH, ALI HUSSAIN QAZILBASH AND NAIMUDDIN, JJ
Aziz A. Munshi, Attorney General, Malik M. Qayyum, Dy. Attorney General; Khalil Ramday, A.G. Punjab; K.A.Ghani, Advocate Supreme Court; Tanvir Ahmad Khan, Addl. A.G. Punjab; Nawaz Abbasi, Asstt. A.G. Punjab; Maqbool Ahmad, Advocate Supreme Court; Ch. Faza
FEDERATION OF PAKISTAN and othersvsHaji MUHAMMAD SAIFULLAH KHAN and othersCivil Appeal No. 315 of 1988PROVINCE OF PUNJABvs SPEAKER OF PROVINCIAL ASSEMBLY OF THE PUNJAB and othersCivil Appeal No. 316 of 1988Raja MUHAMMAD AFSARvsPRESIDE
Law: Constitution of Pakistan, 1973
Section: 58, 48,199,58(2)
(a) Constitution of Pakistan ---Arts. 58, 48 [as adopted by Constitution (Eighth Amendment Act, 19851 & 199--Power to dissolve National Assembly und Art.58(2)(b) is a discretionary power of the President, which can exercised without the advice of the Prime Minister--Limits on power of Preside n t--Judicial review--An order of dissolution by the Preside can be passed and an appeal to the electorate made only when machinery of the Government has broken down completely, its authorize eroded and the Government cannot be carried on in accordance will the provisions of the Constitution--It is within the discretion of t President to determine whether said conditions were met or not this discretion has to be exercised in terms of the words and spirit of the Constitutional p provision- -Discretion conferred by Art.58(2)on the President cannot, therefore, be regarded to be an absolute one, but is to be deemed to be a qualified one, in the sense that is circumscribed by the object of the law that confers it-Preside has to first form his opinion, objectively and then, it is open to hi to exercise his discretion one way or the other, i.e. either to dissolve the Assembly or to decline to dissolve-- Immunity envisaged b Art.48(2) is available, to the action of President taken under Art.58(2 that can possibly be only in relation to the exercise of his "discretion but not in relation to his "opinion" --Obligation is cast on the President that before exercising his discretion he has to form his "opinion that a situation of the kind envisaged in Art.58(2)(b) has arisen which necessitates the grave step of dissolving the Nation Assembly- -President, though can make his own assessment of the situation as to the course of action to be followed but his opinion must be founded on some material-- Unless President be of the opinion "that a situation has arisen in which the Government of Pakistan cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary", he cannot pass an order of dissolution of National Assembly even in exercise of his discretion because under Art.58(2)(b) his "opinion" in this behalf is a condition…