Law:

Section:

(a) Constitution of Pakistan (1973)------Art. 58(2)(b)---President of Pakistan has the power to dissolve National Assembly at his discretion and specific power and the judicial requirement have been provided in the Constitution---Once the evil is identified, remedial and corrective measures within the Constitutional framework must follow--Public functionaries, holding public power in trust, under oath to discharge the same impartially and to the, best df their ability must react as they cannot remain silent spectators---Legal and moral basis for reserving or reposing such a power and the occasional exercise of it illustratively described. Introduction to the Study of the Law of the Constitution, 12th Edn., p.433 by A.V. Dicey; The Prime Minister of India Powers and Functions by Dr.(Mrs.) Sarla Malik, pp.48 to 50; The Constitutional Law of India and England by J.N.Varma and M.M. Gharekhan; Seervai-Basu's Commentary on the Constitution of India, Sixth Edn., VOl.`O' (1989-Silver Jubilee Edn., p.17) and Haji Muhammad Saifullah Khan's case PLD 1989 SC 166 quoted. Per Abdul Shakurul Salam, J. Contra--- Federation of Pakistan v. Haji Muhammad Saifuliah Khan PLD 1989 SC 166; Marbury v. Radison 5 U.S. (1 Crauch) 137 (1803) and Muhammad Sharif v. Federation of Pakistan PLD 1988 Lah. 725 ref. Per Sajjad Ali Shah, J. (Contra) agreeing with Abdul Shakurul Salam with modification-- (b) Constitution of Pakistan (1973)-- ----Art. 58(2)(b)---Power to dissolve National Assembly is an extreme power to be exercised where there is an actual or imminent breakdown of the Constitutional machinery, as distinguished from a failure to observe a particular provision of the Constitution---There may be occasion for the exercise of such power where there takes place extensive, continued and pervasive failure to observe not one but numerous provisions of the Constitution, creating the impression that the country is governed not so much by the Constitution but by methods extra-Constitutional. Haji Muhammad Saifullah Khan's case PLD 1989 SC 166 ref. (c) Constitution of Pakistan (1973)-- ----Art. 58(2)---Government---Meaning. The word "Government" has not been defined in the Constitution.…

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