P L D 1991 Lahore 420 (PLP)

Art. 41(7)

Interpretation of Art. 41(7)

Clause (7) of Article 41, Constitution of Pakistan (1973) related to a particularized President mentioned by name therein and was only intended to serve a particular situation which lost its utility and efficacy with the death of said named President and in fact for all intents and purposes Art. 41 (7) is inoperative in the circumstances arising from the demise of the late President

Reading someone else's name in place of named President would defeA t the very purpose for which clause (7) of Art. 41 was promulgated as it was confined to the named President alone and said clause being a particularized provision could not be interpreted in a manner to make it generally applicable in situations not envisaged by provision itself. [p. 424) A

Arts. 41(3) & (7)

Interpretation

President envisaged by the opening words of Art.41(3) was the person mentioned by name in Art.41(7) and he having ceased to be the President on account of his demise, his term contemplated by Art.41(7) came to an end alongwith his death. [p. 4241 B

Interpretation resulting in a complete constitutional chaos has to be obviated and avoided being not countenanced by the framework of the Constitution and of necessity. [p. 424] C

Constitutional provision cannot be interpreted in a pedantic, dogmatic and narrow campus so as to deflect the underlying intention of the Constitution--Interpretation being more plausible, effective and harmonious which could give effect to the totality of the provisions of the Constitution governing the subject has to be given preference on the more rigid and narrow interpretation. [p.424] D

Whole aim of construction as applied to a provision of the Constitution, is to discover the meaning to ascertain and give effect to the intent of its framework and the necessities which gave rise to it

Court has to place itself in the position of those who framed and adopted the particular provision of the Constitution

It the meaning be at all doubtful, the doubt should be resolved, wherever reasonably possible to do so, in way to forward the evident purpose with which the provision was adopted. [p. 425] E

Art. 41(7)

Purpose of Article 41(7) was to provide a term of five years for the named President notwithstanding the position that he had not been elected in the manner otherwise provided for by the Constitution for election of a President [p. 425] F

Effect has to be given to every part and every word of the Constitution and as a general rule Court should avoid construction which may render any provision meaningless or inoperative

Court is bound in law to lean in favour of a construction which will make every word operative rather than one which may make some words idle or redundant. [p. 425] H

Arts. 49(l) & 41(5)

After falling vacant the office of the President on demise-of the late President of Pakistan on 16-&1988, Chairman of the Senate assumed the office of the President by virtue of Art. 49 (1) who could hold that office in view of the position that the National Assembly stood dissolved at that time, only upto 30 days of the holding of the general elections to the National Assembly which concluded on 13-11-1988

Office of the President of Pakistan thus of necessity had to be filled in through election within 30 days from

Court to have recourse to the instrument as a whole, if necessary; to ascertain the true intent and meaning of any provision and even if there be any apparent repugnancy between the different provisions, the Court should harmonise them, if possible rather than render any provision meaningless. [p. 426] I

Arts. 199 & 41(6)

Constitutional jurisdiction of High Court under Art. 199

Assumption of office of President of Pakistan after falling of the vacancy of the President on demise of President on 16-8-1988

Bar contained in Art. 41(6) of the Constitution of Pakistan (1973) was squarely applicable and validity of the President holding the office was beyond question. [pp. 426, 427] J & N

Art. 199

Constitutional petition

Quo warranto

Laches

Laches would not generally apply in cases of quo warranto but then the Court can also not ignore the application of this principle if the attendant circumstances are such which militate against the bona fide's of the petitioner.

[Laches].

Arts. 44 & 41 (7)

Provision of Art. 41 (7) was intended to serve a particular situation relating to a particularized President

Term of office of the President of Pakistan having been provided for by Art. 44 as five years from the date he enters upon his office, would equally apply to the President elected on the occurrence of a vacancy or otherwise as no distinction in this behalf was made in any provision governing the subject and Art. 41(7) would not detract from the validity of this view. [p. 427] M