Law: Constitution of Pakistan, 1973

Section: 25,188,199

(a) Constitution of Pakistan (1973)---Art. 25---Equality of citizens before law---Discrimination---Mere differentiation or inequality of treatment does not per se amount to discrimination but it is necessary to show that selection or differentiation is not unreasonable or arbitrary. (b) Constitution of Pakistan (1973)--- ---Art. 25---Equality of citizens---Notion of inequality---Notion of human inequality had emerged as a reaction to adhering artificial distinctions between man and man or between one class of men and another class based on consideration, inter alia, of personal likes and dislikes under the garb of discretion. Fundamental Law of Pakistan by A.K. Brohi quoted. (c) Discretion--- General principles for exercise of discretion---Structuring the discretion, doctrine of---Instruments enumerated. The general principles that discretionary decisions should be made according to rational reasons means; (a) that there be findings of primary facts based on good evidence and (b) that decisions about the facts be made for reasons which serve the purposes of the statute in an intelligible and reasonable manner. The actions which do not meet these threshold requirements are arbitrary, and may be considered a misuse of powers. Wherever wide-worded powers conferring discretion exist, there remains always the need to structure the discretion. The structuring of discretion only means regularising it, organizing it, producing order in it so that decision will achieve the high quality of justice. The seven instruments that are most useful in the structuring of discretionary power are open plans, open policy statements, open rules, open findings, open reasons, open precedents and fair informal procedure. Somehow the wide-worded conferment of discretionary powers or reservation of discretion, without framing rules to regulate its exercise, has been taken to be an enhancement of the power and it gives that impression in the first instance but where the authorities fail to rationalise it and regulate it by Rules, or policy statements or precedents, the Courts have to intervene more often than is necessary, apart from the exercise of such power appearing arbitrary and…

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