1999 PLP 3341 (MLD)
CH. AHMADYAR, ADVOCATE — Petitioner Versus SARTAJ AZIZ, FEDERAL FINANCE MINISTER, MINISTRY OF
| Citation | 1999 PLP 3341 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | CH. AHMADYAR, ADVOCATE — Petitioner Versus SARTAJ AZIZ, FEDERAL FINANCE MINISTER, MINISTRY OF |
Q1: What are the key laws and sections cited in 1999 PLP 3341 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3341 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 3341 (MLD) (CH. AHMADYAR, ADVOCATE — Petitioner Versus SARTAJ AZIZ, FEDERAL FINANCE MINISTER, MINISTRY OF). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- CH. AHMADYAR, ADVOCATE---Petitioner
- Ashtar Ausaf Ali, Advocate-General, Punjab (on Court's call)
- The petitioner who is an Advocate of this Court has sought a direction for prohibiting Senator, Sartaj Aziz, Finance Minister, from presenting the finance bill before National Assembly of Pakistan.
- 3. I sent for the learned Dy. A. G. for Pakistan who was not available. However, the learned Advocate-General Punjab appeared on Court's call. Learned Law Officer argued that under Article 57 of the Constitution of Pakistan a Minister had a right to speak and otherwise take part in the proceedings of either house with a disability of the exercise of right of vote as such. It was further argued that the validity of the proceedings before the Parliament were not to be called in question on the ground of any irregularity of procedure in view of Article 69 of the Constitution.
- 4. I have heard the petitioner as well as learned Advocate-General Punjab at some length. As provided by clause (7) of the Article 91 of the Constitution of Islamic Republic of Pakistan, 1973, a person. who is not even a member of the National Assembly may be appointed a minister for a period of six months. However, this clog is not applicable to a Minister who is a member of the Senate. By clause (1) of Article 92 of the Constitution, members of the Senate can be appointed as Federal Ministers and Ministers of State not exceeding the 1/4th number of Federal Ministers. There is nothing in the Constitution and the law precluding a member of Senate from being appointed as, a Federal Minister with a portfolio of Finance. No Minister whether a member of National Assembly or the Senate has a right of vote in his capacity as a Minister. By virtue of Article 57 of the Constitution, the Prime Minister Federal Minister, a Minister of State and the Attorney-General have the right to speak and otherwise take part in the proceedings of either rouse ur joint sitting or any committee thereof. The Constitutional right of the Federal Minister whether a number of National Assembly or Senate to move the finance bill cannot be taken away or whittled down by any other extraneous considerations.
Headnotes / Summary
Arts. 57, 92 (1) & 199
Right to speak in Parliament
Presentation of Money Bill in the National Assembly by Finance Minister, who was a Senator-- Validity
Member of Senate was not precluded from being appointed as a Federal Minister with a portfolio of finance
Prime Minister, a Federal Minister, a Minister of State and the Attorney-General had the right to speak and otherwise take part in the proceedings of either House or joint sitting or any Committee thereof
Constitutional right of Federal Minister, whether a member of National Assembly or Senate, to move the Finance Bill could not be taken away or whittled down by any other extraneous considerations.
Judgment & Decree
Petitioner in person. Ashtar Ausaf Ali, Advocate-General, Punjab (on Court's call) The petitioner who is an Advocate of this Court has sought a direction for prohibiting Senator, Sartaj Aziz, Finance Minister, from presenting the finance bill before National Assembly of Pakistan.
2. The petitioner argued that a money bill is required to be originated in the National Assembly of Pakistan. After it has been passed by the Assembly it is presented to the President for assent without being transmitted to the Senate. On this premise the petitioner submitted that the Finance Minister being a Senator and not a member of the National Assembly is not entitled to exercise his right of vote in the National Assembly. Therefore, the said Minister cannot propose or present the finance bill or make a budget speech in the National Assembly. The Senate and its members are excluded in the matter of the originating and passage of the money bills.
3. I sent for the learned Dy. A. G. for Pakistan who was not available. However, the learned Advocate-General Punjab appeared on Court's call. Learned Law Officer argued that under Article 57 of the Constitution of Pakistan a Minister had a right to speak and otherwise take part in the proceedings of either house with a disability of the exercise of right of vote as such. It was further argued that the validity of the proceedings before the Parliament were not to be called in question on the ground of any irregularity of procedure in view of Article 69 of the Constitution.
4. I have heard the petitioner as well as learned Advocate-General Punjab at some length. As provided by clause (7) of the Article 91 of the Constitution of Islamic Republic of Pakistan, 1973, a person. who is not even a member of the National Assembly may be appointed a minister for a period of six months. However, this clog is not applicable to a Minister who is a member of the Senate. By clause (1) of Article 92 of the Constitution, members of the Senate can be appointed as Federal Ministers and Ministers of State not exceeding the 1/4th number of Federal Ministers. There is nothing in the Constitution and the law precluding a member of Senate from being appointed as, a Federal Minister with a portfolio of Finance. No Minister whether a member of National Assembly or the Senate has a right of vote in his capacity as a Minister. By virtue of Article 57 of the Constitution, the Prime Minister Federal Minister, a Minister of State and the Attorney-General have the right to speak and otherwise take part in the proceedings of either rouse ur joint sitting or any committee thereof. The Constitutional right of the Federal Minister whether a number of National Assembly or Senate to move the finance bill cannot be taken away or whittled down by any other extraneous considerations.
5. For the foregoing reasons I do not find any merit in this petition which is hereby dismissed in limine. Q.M.H/A.268/L Petition dismissed.