P L D 1991 Lahore 462 (PLP)
Syed ALI RAZA ASAD ABIDI — Petitioner Versus MUHAMMAD NAWAZ SHARIF, PRIME MINISTER
| Citation | P L D 1991 Lahore 462 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Syed ALI RAZA ASAD ABIDI — Petitioner Versus MUHAMMAD NAWAZ SHARIF, PRIME MINISTER |
Q1: What are the key laws and sections cited in P L D 1991 Lahore 462 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1991 Lahore 462 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1991 Lahore 462 (PLP) (Syed ALI RAZA ASAD ABIDI — Petitioner Versus MUHAMMAD NAWAZ SHARIF, PRIME MINISTER). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Petitioner in person. Sh. Abdul Marian, Dy. Attorney-General for Respondents.
Headnotes / Summary
Arts. 91(2) & 91(2-A)
Prime Minister has to be appointed by the President of Pakistan under Article 91(2-A) and is not to be elected by the National Assembly
President of Pakistan, hbwever, has to invite such member from amongst the members of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members as "ascertained" in a session of the Assembly summoned specially for the purpose in accordance with the provisions of the Constitution. [p. 4641 A
Arts. 91(2), 91(2-A) & 226
Phrases "appoint", "ascertain" and "election"--Connotation of phrases "appoint" and "ascertain" is distinct and different from the word "election"
"Election" ordinarily has reference to a choice or selection by electors, while appointment refers to a choice or selection by an individual--President and President alone has to appoint the Prime Minister after ascertaining for himself in the manner prescribed as to who from amongst the Members of the Assembly commands confidence of the House
Art.226, Constitution of Pakistan has no relevance to the appointment of Prime Minister by the President of Pakistan as Art.226 applies to the election only.--[Words and phrases]. [pp. 465, 466] B, C, D, E & H
Every word used in a provision has to be assigned the meaning in its common parlance and if different words are used the intention clearly is to convey different meanings. [p. 466] F
If a word used in a provision is substituted by another through an amendment the intention of the framer manifestly is to bring about a change in law for otherwise its efforts would be futile. [p. 466] G
Judgment & Decree
Arts. 91(2) & 91(2-A)
Prime Minister has to be appointed by the President of Pakistan under Article 91(2-A) and is not to be elected by the National Assembly
President of Pakistan, hbwever, has to invite such member from amongst the members of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members as "ascertained" in a session of the Assembly summoned specially for the purpose in accordance with the provisions of the Constitution. [p. 4641 A (b) Constitution of Pakistan (1973)
Arts. 91(2), 91(2-A) & 226
Phrases "appoint", "ascertain" and "election"--Connotation of phrases "appoint" and "ascertain" is distinct and different from the word "election"
"Election" ordinarily has reference to a choice or selection by electors, while appointment refers to a choice or selection by an individual--President and President alone has to appoint the Prime Minister after ascertaining for himself in the manner prescribed as to who from amongst the Members of the Assembly commands confidence of the House
Art.226, Constitution of Pakistan has no relevance to the appointment of Prime Minister by the President of Pakistan as Art.226 applies to the election only.--[Words and phrases]. [pp. 465, 466] B, C, D, E & H Chambers 20th Century Disctionary; Black's Law Disctionary; Law Lexicon by Aiyer; Black's Law Dictionary 5th Edn. p.91 and Me. Pherson v. Blacker 146 US I ref. (c) Interpretation of statutes
Every word used in a provision has to be assigned the meaning in its common parlance and if different words are used the intention clearly is to convey different meanings. [p. 466] F (d) Interpretation of statutues
If a word used in a provision is substituted by another through an amendment the intention of the framer manifestly is to bring about a change in law for otherwise its efforts would be futile. [p. 466] G Petitioner in person. Sh. Abdul Marian, Dy. Attorney-General for Respondents. Date of hearing: 7th May, 1991.