ABDUL MUJEEB PIRZADA And Others vs FEDERATION OF PAKISTAN And Other
This matter involved several civil appeals and constitutional petitions challenging the validity of the Eighth Amendment to the Constitution of Pakistan, 1973. The core legal question addressed was whether the Eighth Amendment, specifically Article 58(2)(b), could be challenged or struck down based on the doctrine of the basic structure of the Constitution. The Supreme Court held that the question of the 'basic structure' of the Constitution is largely academic and lacks a definitive, final answer. The Court observed that the prominent characteristics of the Constitution are reflected in the Objectives Resolution, which became a substantive part of the Constitution via Article 2A. The Court further reasoned that the Eighth Amendment, having been in place since 1985 and having survived multiple party-based elections without legislative repeal, was ratified by implication. It held that Article 58(2)(b) serves to maintain the parliamentary form of government by providing necessary checks and balances between the President and the Prime Minister to prevent constitutional breakdown. Consequently, the Court dismissed the petitions and appeals.
- Is the 'basic structure' of the Constitution a justiciable concept that can be used to strike down constitutional amendments?
- Does the Objectives Resolution constitute a substantive part of the Constitution of Pakistan?
- Can a constitutional amendment be considered ratified by implication if it remains untouched by successive parliaments?
- Article 2A, Constitution of Pakistan 1973
- Article 58(2)(b), Constitution of Pakistan 1973
- Article 239, Constitution of Pakistan 1973
ORDER
For reasons to be recorded later, we pass following short order.
2. What is the basic structure of the Constitution is a question of academic nature which cannot be answered authoritatively with a touch of finality but it can be said that the prominent characteristics of the Constitution are amply reflected in the Objectives Resolution which is now substantive part of the Constitution as Article 2A inserted by the Eighth Amendment.
3. The Objectives Resolution was Preamble of the Constitutions made and promulgated in our country in 1956, 1962 and 1973. Perusal of the Objectives Resolution shows that for scheme of governance the main features envisaged are Federalism and Parliamentary Form of Government blended with Islamic provisions. The Eighth Amendment was inserted in the Constitution in 1985, after which three elections were held on party-basis and the resultant Parliaments did not touch this Amendment, which demonstrates amply that this Amendment is ratified by implication and has come to stay in the Constitution unless amended in the manner prescribed in the Constitution as contemplated under Article 239. Article 58(2)(b) brought in the Constitution by the Eighth Amendment, which maintains Parliamentary Form of Government has provided checks and balances between the powers of the President and the Prime Minister to let the system work without let or hindrance to forestall a situation in which martial law could be imposed.
4. In the result the to Civil Appeals Nos.397-K/90 (Abdul Mujib Pirzada v. Federation of Islamic.
Republic of Pakistan), 399-K/90 (Haji Ahmed v. Federation of Pakistan and others), and three Constitutional Petitions Nos. 60/90 a (Mahmood Khan Achakzai v. President of Pakistan and others), 67/96 (Habibul Wahabul Khairy v. Federation of Pakistan and others) and 68/96 (Wukala Mahaz Barai Tahafuz Dastoor v. Federation of Pakistan and others) are dismissed.
PER ZIA MAHMOOD MIRZA, J.--I only agree with the conclusion that the appeals and Constitutional petitions mentioned in para.4 merit dismissal for which I shall separately record my reasons detailed. .
Cited by 1 case
- PAKISTAN LAWYERS FORUM and others vs FEDERATION OF PAKISTAN and others 2005 PLD Supreme Court 719