1997 SCMR 232 (PLP)

Article 58(2)(b) of the Constitution of Pakistan (1973) 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. Abdul Hafeez Pirzada, Senior Advocate Supreme Court, Abdul Mujeeb Pirzada, Advocate Supreme Court and A. Aziz Khan, Advocate‑on‑Record (absent) (in C.A. No. 397‑K of 1996). Nemo for Appellant (in C. A. No.399‑K of 1990). Qazi M. Jamil, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate‑on‑Record for Petitioner (in C.P. No. 60 of 1996). Petitioner in person (in C.P. No. 67 of 1996). Dr. A. Basit, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner (in C.P. No. 68 of 1996): Khalid Anwar, Advocate Supreme Court, Mian Saqib Nisar, Advocate Supreme Court and M.A. Zaidi, Advocate‑on‑Record for Respondent No.l (in all Cases). Ali Ahmed Fazeel, Senior Advocate Supreme Court and M.S. Ghauri, Advocate‑on‑Record for Respondent No.24 (in C.A. 397‑K of 1990) and for Respondent No.3 (in C.A. No'. 399‑K of 1990). Remaining Respondent Ex: parte. M. Ismail Qureshi, Senior Advocate Supreme Court for Applicants (in C.M.A. No. 913 of 1996 in C.A. No.397‑K of 1990). Shehzad Jehangir, Attorney‑General for Pakistan on Court Notice. Sharifuddin Pirzada, Senior Advocate Supreme Court with Anwar Mansoor Khan, Advocate and Ch. Fazl‑e‑Hussain, Advocate Supreme Court: Amicus curiae. Dates of hearing: 14th, 18th, 21st to 23rd December, 1996 and 7th, 8th, 11th and 12th January, 1997. 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 two 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. . M.B.A./A‑1445‑S Petition dismissed.