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Search Results: Categories: Rule of Law (22 found)

Federation of Pakistan v. Maulvi Tamizuddin Khan

Citation: PLD 1955 FEDERAL COURT 240

Case No: Civil Appeal No. 1 of 1955

Judgment Date: 21/03/1955

Jurisdiction: Supreme Court of Pakistan

Judge: Chief Justice Muhammad Munir

Summary: The main issue in the case was whether the Governor-General had the authority to dissolve the Constituent Assembly. Additionally, the case involved questions related to the scope of parliamentary sovereignty and the constitutional relationship between the Governor-General and the Constituent Assembly. 1) The scope and nature of parliamentary sovereignty.2) The constitutional relationship between the Governor-General and the Constituent Assembly. 3) The Governor-Generalís authority to dissolve the Constituent Assembly. The court held that the Governor-General did not possess the authority to dissolve the Constituent Assembly. It reaffirmed the principle of parliamentary sovereignty, stating that the Governor-General could not interfere with the functioning of the Assembly, which represented the will of the people. The court emphasized the importance of upholding constitutional principles and protecting the rights of the legislative body. The Court declared the dissolution of the Constituent Assembly as illegal and ordered for it to be restored.

The Government of Sindh through Secretary Health Department v. Dr. Nadeem Rizvi and others

Citation: 2019 SCP 134, 2020 SCMR 1

Case No: C.A.125-K/2016

Jurisdiction: Supreme Court of Pakistan

Judge: Justice

Summary: Short Order---The basic feature, rather the spirit and soul of federalism, is the distribution of legislative powers between the federation and the province, with its core being provincial autonomy. Interpretation of constitutional provisions should thus be in consonance with the said principle rather than in a manner that encroaches upon the space reserved for the provinces. The Court should therefore avoid an expansive construction of a federal legislative power which renders redundant or nugatory the legislative field, power and authority assigned to the provinces, either expressly or as residuary, thus undermining provincial autonomy. Disregarding the mandatory provisions of the Constitution and the categorical mandate prescribed thereunder would embolden and encourage those who are averse to the rule of law and have scant regard for the supremacy of the Constitution, thereby strengthening those who want to create dissention and discord in our national polity.

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