1993 SCMR 1302

Mian MUHAMMAD NAWAZ SHARIF vs PRESIDENT OF PAKISTAN and others

Citation1993 SCMR 1302

CourtSupreme Court of Pakistan

Case No.Constitutional Petition No, 8 of 1993

Date1993-05-26

Judge(s)Nasim Hasan Shah, CJ., Shafiur Rahman, Saad Saood Jan; Abdul Qadeer Chaudhry Ajmal Mian, Muhammad Afzal Lone, Sajjad Ali Shah, Muhammad Rafique Tarar, Saleem Akhtar, Saeeduzzaman Siddiqui and Fazal Elahi Khan

ResultPetition accepted

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

This matter came before the Supreme Court of Pakistan through a constitutional petition challenging the dissolution of the National Assembly and the dismissal of the Prime Minister and the Cabinet by the President of Pakistan. The core legal question addressed was whether the order of dissolution passed by the President under Article 58(2)(b) of the Constitution fell within the lawful ambit of the conferred powers. By a majority of 10 to 1, the Court held that the petition was maintainable under Article 184(3) of the Constitution. On merits, the Court by the same majority held that the presidential order was passed without lawful authority and was of no legal effect, as it was not within the powers conferred by Article 58(2)(b) and enabling powers. Consequently, the National Assembly, Prime Minister, and Cabinet were restored to their positions, and consequential steps such as the caretaker setup were declared ineffective, while protecting routine acts done for the orderly running of the State under the de facto doctrine.

Questions settled in this judgment

Is a constitutional petition challenging the dissolution of the National Assembly maintainable under Article 184(3) of the Constitution of Pakistan 1973?
Whether an order of the President dissolving the National Assembly under Article 58(2)(b) of the Constitution is within lawful authority when not meeting constitutional prerequisites?
What is the legal effect on the National Assembly, Prime Minister, and Cabinet upon the setting aside of a dissolution order?
Are acts done by a caretaker government validated when the underlying dissolution order is declared unconstitutional?

Laws & provisions referred

Article 184(3), Constitution of Pakistan 1973
Article 58(2)(b), Constitution of Pakistan 1973

dissolution of assemblyconstitutional petitionprime ministercaretaker governmentoriginal jurisdiction

ORDER

1. ' We hold by majority of (10 to 1) that the petition is maintainable under Article 184(3) of the Constitution.

2. On merits, by majority (of 10 to 1) we hold that the order of the 18th April, 1993, passed by the President of Pakistan is not within the ambit of the powers conferred on the President under Article 58(2)(b) of the Constitution and other enabling powers available to him in that behalf and has, therefore, been passed without lawful authority and is of no legal effect.

3. As a consequence of our order, the National Assembly, Prime 'B Minister and the Cabinet shall stand restored and entitled to function as immediately before the impugned order was paced.

4. All steps taken pursuant to the order dated 18th April, 1993 passed under Article 58(2)(b) of the Constitution such as the appointment of Caretaker Cabinet etc. Will, therefore, be of no legal effect.

5. However, all orders passed, acts done and measures taken in the meanwhile by the Caretaker Government, which have been done, taken and given effect to in accordance with the terms of the Constitution and were required to be done or taken for the ordinary orderly running of the State shall all be deemed to have been validly and legally done. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 1 case

Ch. PERVAIZ ELAHI vs PROVINCE OF PUNJAB and another 1993 PLD Lahore 595