Case Details

Citation(s)
1994 SLG 1474 1994 SLD 1474 1994 PLD 222
Lahore High Court
Writ Petition No. 8685 of 1993, heard on 5th October, 1993.
SH. IJAZ NISAR, IHSAN-UL-HAQ CHAUDHRY AND MALIK MUHAMMAD QAYYUM, JJ
Shahzad Jahangir for Petitioner. Faqir Muhammad Khokhar, Dy. Attorney General and Tassadaq Hussain Jillani, Advocate General for
Respondent

ARIF IQBAL HUSSAIN BHATTIvsTHE FEDERATION OF PAKISTAN through Secretary, Ministry of Justice and Parliamentary Affairs, Justice Division, Islamabad and 2 others

Law:

Section:

(a) Interpretation of Constitution--­ ----Provisions contained in Constitution have to be read as a whole and not in isolation from each other---Where any apparent repugnancy appears to exist between its different provisions, the Court should harmonize them if possible. It is a fundamental principle of interpretation of a statute which is applicable with greater force to the cases of interpretation of Constitution, i.e., that the provisions contained therein should be read as a whole and not in isolation from each other. All subsections to a section must be read as parts of integral whole interdependent. An elementary rule of construction of Constitutional instruments. is that effect should be given to every part and every word of the Constitution. In constructing Constitutional provisions it is the duty of the Courts to consider the whole instrument for ascertaining the true intent and meaning of any particular provision. A Constitution has to be read as a whole and that it is the duty of the Court to have recourse to the whole instrument in order to ascertain the true intent and meanings of any particular provision. And where any apparent repugnancy appears to exist between its different provisions, the Court should harmonize them, if possible. Bindra's Interpretation of Statutes, 7th Edn., p. 63; Begum Shamsunnehar v. The Speaker, East Pakistan Provincial Assembly and the Chief Election Commissioner, Dacca PLD 1965 SC 120 and Hakim Khan and 3 others v. Government of Pakistan through Secretary, Interior and others PLD 1992 SC 595 ref. (b) Constitution of Pakistan (1973)--­ ----Art. 51(l.) & (2)---Provisions of cls. (1) & (2) of Art. 51, Constitution of Pakistan (1973), have to be read as a whole and not independently. Clause (1) and clause (2) of Article 51 are not to be read independent of each other but as a whole. There is nothing in the text of these two clauses on the basis of which it could be said that the two fall in separate watertight compartments having no relevance with each other. On the other hand, both clause (1) and clause (2) deal with the same subject namely, that of election by direct and free vote by persons who are citizens of…
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