BY THE PRESIDENT OF PAKISTAN: IN THE MATTER OF vs Makhdoom Ali Khan, Attorney-General for Pakistan, Raja Muhammad Irshad, Deputy Attorney- General, Nasir Saeed Sheikh, Deputy Attorney-General, Ms. Nahida Mehboob Ellahi, Deputy Attorney-General, Faisal H. Naqvi, Advocate, Uzair
This matter concerns a constitutional challenge regarding the constitutionality of the "Hasba Bill", 2005, passed by the Provincial Assembly of the North-West Frontier Province (N.-W.F.P.). The core legal question was whether specific provisions of the proposed bill violated the constitutional framework. The Supreme Court of Pakistan held that sections 10, 12(1), (4e), 23(1), (2), (3), (5), (6), (7), (12), (14) & (27), 25(1) & (2), and 28 of the Hasba Bill, 2005, are ultra vires the Constitution of the Islamic Republic of Pakistan, 1973. Consequently, the Court ruled that the Governor of the N.-W.F.P. may not assent to the Hasba Bill in its present form. The key principle established is that any provincial legislative enactment must strictly conform to the constitutional boundaries, and provisions deemed unconstitutional cannot receive executive assent.
- Whether specific provisions of the Hasba Bill, 2005 are ultra vires the Constitution of the Islamic Republic of Pakistan, 1973?
- Can the Governor of a province assent to a bill passed by the Provincial Assembly if certain provisions of the bill are declared unconstitutional by the Supreme Court?
- Constitution of the Islamic Republic of Pakistan 1973
- Section 10, Hasba Bill 2005
- Section 12, Hasba Bill 2005
- Section 23, Hasba Bill 2005
- Section 25, Hasba Bill 2005
- Section 28, Hasba Bill 2005
ORDER
1. ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- For the reasons to be recorded later, in our considered opinion, sections 10(URDU TEXT), 12(1)(URDU TEXT), (4e) and (URDU TEXT), section 23(1), (2), (3), (5), (6), (7), (12), (14) & (27), section 25(1) & (2) and section 28 of the "Hasba Bill", 2005, passed by the Provincial Assembly of N.-W.F.P., are ultra vires the Constitution, of Islamic Republic of Pakistan, 1973, therefore, the Governor of the N.-W.F.P. May not assent to the "Hasba Bill" in its present form.