Law: Independence Act, 1947

Section: 6(1),8(1)

Law: Public and Representative Offices (Disqualification) Act, 1949

Section: 3

(a) Indian Independence Act (10 & 11 Geo. 6, Ch. 30),Ss. 6 (1), 8 (1)-Constituent Assembly of Pakistan-Empowered to act as Federal Legislature as well as supreme Legislature invested with powers exercised Prior to grant of independence by British Parliament-As supreme Legislature there is no limit imposed upon legislative Powers of Pakistan Constituent Assembly.By the provisions sections 6-(1) and 8 (1) contained in the Indian - Independence Act, the Constituent Assembly of Pakistan is empowered to act as the Federal Legislature, for the purposes of the Government of India Act, 1935, and is also invested with the higher overriding function of acting as a supreme and unfettered Legislature, invested with the powers exercised prior to the grant of Independence by "the King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled." In' the former capacity, it would be permissible to suggest that the powers of the Constituent Assembly as Central Legislature were circumscribed by the written provisions of the Government of India Act, but in its capacity as the Supreme Legislature of an independent Dominion, it is clear from the provisions in the Indian Independence Act itself that there is .no limit imposed upon the Legislative powers which may be exer�cised.(b) Public and Representative Offices (Disqualification) Act, 1949---ultra vires of Pakistan Constituent Assembly -Enquiry against an ex-Provincial Minister competent.In an enquiry before the High Court under the Public and Representative Offices (Disqualification) Act, 1949, a preliminary objection on behalf of the defendant (an ex-Minister of the Pro�vincial Government) was raised that in respect of so much of section 3 as relates to ministers, deputy ministers or Parliament�ary secretaries of a Provincial Government, or to members of a Provincial Legislature, and provides for enquiries into allegations of, misconduct by Persons holding such offices, in relation to their capacity as such office-holders, the Act as ultra vires as an Act of the Central Legislature of Pakistan, inasmuch as it deals with matters which are by the…