1988 SCMR 1987

NOOR MUHAMMAD Versus FEDERATION OF PAKISTAN

Citation1988 SCMR 1987

CourtSupreme Court of Pakistan

Case No.Constitutional Petition No.5‑R of 1988

Date1988-10-02

Judge(s)Muhammad Haleem, C.J., Aslam Riaz Hussain, Muhammad Afzal Zullah, Nasim Hasan Shah, Abdul Kadir Shaikh, Shafiur Rahman, Javid Iqbal, Ghulam Mujaddid Mirza, Saad Saood Jan, S. Usman Ali Shah, Ali Hussain Qazilbash and Naimuddin

Authored byMuhammad Haleem

ResultPetition dismissed

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioner filed a constitutional petition seeking a judicial order to mandate that elections be held on the basis of proportional representation. The Supreme Court of Pakistan addressed the core legal question of whether the judiciary possesses the authority to direct the legislature to adopt a specific electoral system and whether such a matter falls within the scope of the Court's original jurisdiction under Article 184(3) of the Constitution. The Court dismissed the petition, holding that the determination of an electoral system is a matter of legislative fiat, which lies outside the purview of judicial intervention. Furthermore, the Court clarified that the request did not pertain to the enforcement of a fundamental right, thereby rendering it outside the scope of the Court's jurisdiction under Article 184(3). The judgment affirms the principle of separation of powers, emphasizing that the judiciary cannot compel the legislature to enact specific electoral policies or legislate in a particular manner.

Questions settled in this judgment

Can the Supreme Court direct the legislature to adopt a system of proportional representation for elections?
Does a request to change the electoral system fall within the scope of the Court's jurisdiction under Article 184(3) of the Constitution?

Laws & provisions referred

Article 184(3), Constitution of Pakistan 1973

proportional representationelectoral systemlegislative fiatoriginal jurisdictionfundamental rightsseparation of powers

ORDER

1. MUHAMMAD HALEEM, C.J.‑‑ The petitioner seeks a relief in this petition that the election should be ordered to be held on the basis of proportional representation. We regret, we cannot allow this relief as this is a legislative fiat, and we cannot grant this relief Moreover, this is not a question which we can go into under Article 184(3) of the Constitution which pertains to the enforcement of the violation of a fundamental right.

2. The petition is, accordingly dismissed.

3. M.B.A./N‑106/S Petition dismissed.