Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-----Ss. 7, 12, 19 & 44---Powers of Prime Minister to exercise executive authority---Prime Minister alone was vested with powers to exercise executive authority with respect to which Assembly had power to make laws--Such powers could be exercised by Prime Minister directly or through Ministers---All powers contemplated by any law made by Assembly, were vested in Prime Minister being the Chief Executive---Such executive authority would be exercised in the name of President---Marked distinction existed between exercise of executive authority "in the name of President" and "by the President"---A Government Notification to be issued in exercise of powers vested in Government, had to be issued in name of President irrespective of fact that order did not require approval or sanction of President---Where under Constitution, law or rules, a function was to be performed by President, Notification exercising that authority could be issued only with advice and recommendation of Prime Minister---President was to perform his function only when advice was tendered by Prime Minister to him. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) ----Ss. 7 & 12---Azad Jammu and Kashmir Rules of Business, 1985, R. 11 & Sched. V---Business of Government---Approval of President---Business of Government was to be conducted in the manner it was visualised by Azad Jammu and Kashmir Interim Constitution Act, 1974 and Azad Jammu and Kashmir Rules of Business, 1985 and any action contrary to same was without lawful authority---Every case which required approval of President, had to be approved by President on advice of Prime Minister---Direction without advice, approval without proposal or a subsequent ratification of Note or direction of President by Prime Minister, was neither allowed nor recognised by Azad Jammu and Kashmir Interim Constitution Act, 1974. PLD 1978 SC (AJ&K) 37 ref. M. Tabassaum Aftab Alvi for Petitioner. Raja Shiraz Kayani, Advocate-General for Respondents. ORDER The petitioner seeks a direction in exercise of the powers vested in the High Court under section 44 of the…

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