| Citation(s) |
|---|
| 1966 SLG 91 1966 SLD 91 1966 PLD 854 |
Supreme Court of Pakistan
Civil Appeals Nos. 5-D to 17-D and 28-D to 34-D of 1966, decision dated: 1st September 1966.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Maksumul Hakim, Advocate General East Pakistan, Siddique Ahmed Chowdhury, Advocate Supreme Court with him), instructed by A.W. Mallik, Attorney for Appellants (in Civil Appeals Nos. 5D to 10D and 28D to 34D of 1966.) Maksumul Hakim, Advocate General, Eas
Civil Appeals Nos. 5-D to 17-D and 28-D to 34-D of 1966, decision dated: 1st September 1966.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Maksumul Hakim, Advocate General East Pakistan, Siddique Ahmed Chowdhury, Advocate Supreme Court with him), instructed by A.W. Mallik, Attorney for Appellants (in Civil Appeals Nos. 5D to 10D and 28D to 34D of 1966.) Maksumul Hakim, Advocate General, Eas
Civil Appeal No. 5D of 1966 (1) THE PROVINCE OF EAST PAKISTAN, (2) THE SUBDIVISIONAL OFFICER, CHANDPUR, DISTRICT COMILLA, (3) THE DEPUTY COMMISSIONER, COMILLA AND (4) THE COMMISSIONER, CHITTAGONG
VS
(1) SIRAJUL HUQ PATWARI AND (2) DELWAR HUSSAIN
Law:
Section:
(a) Basic Democracies Order (18 of 1959)-President's Order of a "supra-constitutional" nature.The system of Basic Democracies introduced in Pakistan in the year 1959 during the Martial Law regime, was the outcome of a supra-constitutional Presidential Order known as the Basic Democracies Order, 1959. (b) Electoral College Act (IV of 1964), S. 57 read with Art. 158(4), Constitution of Pakistan (1962)-Section 57 not ultra vires the National Assembly but within its legislative competence-Not imperative for "National Assembly to lay down principles, policies or norms" in delegating functions of local Government to Provincial Government-Electoral College Act, 1964 is a "direct" implementation of constitutional provisions contained in Chapter 2, Part VII, Constitution of Pakistan (1962)- Constitution of Pakistan (1962), Art. 159 read with S. 52, Electoral College Act (IV of 1964)-Absence of reference, in form of oath prescribed for members of Electoral College, to powers of local Government does not show that importance is not placed by Constitution upon investment of such members with such powers-Principles formulated and general instructions issued by East Pakistan Government in implementation of S. 57-Legislative guidelines not "really indispensable" in constituting "pockets" of local Government-Constitution o Pakistan (1962), Arts. 131, 132 & 133, Third Schedule, items 35 48 & 49-Subject of S. 57, Electoral College Act, 1964 falls within scope of item 48 rather than 49 read with item 35-Words and phrases-Words "incidental", "ancillary", indicative, of "things of lesser or subordinate degree or of consequential nature" Section 57 within legislative competence of National Assembly by virtue of Art. 158(4), Constitution of Pakistan (1962)-Constitution of Pakistan (1962), Arts. 131, 132 & 133(1)-Matters in Third Schedule within "exclusive power" of Central Legislature, but such power may extend beyond these matters - Provincial Legislature has not "exclusive" power to make laws within its own field-"Express" declaration in terms of Art. 13](2) not required by Center to enable it to make laws with respect to matters not enumerated in Third…
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