Law:

Section:

(i) Alternate Remedy- —National Assembly-Dissolution of--Challenge to--Whether any alternative remedy was available to President before dissolving Assembly-Question of~ All alternative constitutional powers are exercisable by President only on advice of Prime Minister and not in his discretion-Held: There are no alternate remedies available to President but these alternate remedies are available to Prime Minister (Majority view). (ii) Constitution of Pakistan, 1973- —Art.. 58(2).(b) read with Article 91(8)-National Assembly-Dissolution of~ Challenge to-Although under amended Article 91(8), any person can be appointed as a Prime Minister when Assembly stands dissolved, but to appoint Leader of Opposition as a Prime Minister in circumstances would show that whole Assembly was not at .fault, so entire body could not be dissolved-Held: For dis-satisfaction with Leader of House, to dissolve whole House and to appoint Leader of Opposition as Prime Minister, will not inspire impartiality, pre-requisite of high office of President—Held further: Adivce being taken not from constitutional authority, i.e. Prime Minister, but from authorities or persons not authorised by constitution to tender advice, or President acting on his own, he fell in error in exercising power of dissolution of National Assembly which did not vest in him nor was available in circumstances. (Per A.S. Salam, J). (iii) Constitution of Pakistan, 1973- —- Art. 58(2)(b)-National Assembly-Dissolution of-Challenge to-A President vested with powers to govern, unless made a dictator, cannot run affairs of State even with ultimate threat of dissolving National Assembly—If same Assembly is re-elected with a bang, it would be enrbaTassing for President and if Assembly takes into its head to impeach him, it would be aweful situation- This risk could only be taken by late President who was also Chief of Army Stall and could re-impose Martial Law-This is not possible for a civilian President-Held: Power under Article 58(2)(b) pertained to late President and it need not be stretched any further to make confusion worse confounded-¬ Held further: Historical perspective, vicissitude of constitutional developments and…

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