Law:

Section:

(a) Constitution of Pakistan (1973)-- ----Arts. 58(2)(b) & 199---Dissolution of National Assembly by the President--Opinion formed by the President of Pakistan that the Government of the Federation could not be carried on in accordance with the provisions of the Constitution, could be subjected to scrutiny through judicial review--In case President chose to state the grounds for action taken, High Court could examine the same to find out whether or not there was any nexus between the grounds and the preconditions envisaged by Art. 58(2)(b) of the Constitution empowering the President to dissolve the National Assembly in his discretion. [p. 90] YAM Federation of Pakistan and others v. Haji Muhammad Saifullah Khan and others PLD 1989 SC 166 ref. (b). Constitution of Pakistan (1973)-- ----Art. 58(2)(b)---Power of, President of Pakistan to dissolve National Assembly could validly be exercised in case of failure of Constitutional machinery resulting from internal subversion or dissensions; the deadlock arising from indecisive electoral verdict and political polarisation which made the carrying on of the Government impossible or where the Government was being conducted in disregard of the Constitution and the. law. [p. 90] XXX (c) Constitution of Pakistan (1973)-- ----Art. 58(2)(b)--Dissolution of National Assembly by the President of Pakistan---Some of the acts of commission and omission of Federal Government wherefrom President was justified in forming the opinion that the Government of the Federation could not be carried on in accordance with the provisions of the Constitution and an appeal to the electorate was necessary, enumerated--Grounds weighed with the President for passing the order of dissolution of National Assembly had direct nexus with the preconditions prescribed by Art.58(2)(b) of the Constitution. The President was justified in forming the opinion that the Government of the Federation could not be carried on in accordance with the provisions of the Constitution and an appeal to the electorate was necessary. This opinion could validly and reasonably be formed from, amongst others, the following acts of commission and omission of the Federal…

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