Executive Authority

Key provision as regards executive authority is Art.97 of the Constitution, which relates to the Federation and Art. 137 of the Constitution, applies to the Provinces

Both setout the basic rule in identical language: executive authority extends to those matters in respect of which relevant legislature has power to make laws

If a legislative competence (or field or entry) falls exclusively in Federal domain, then executive authority in relation thereto lies only with the Federation (and, since Parliament can make laws for the whole of Pakistan and also with extra-territorial effect, the executive authority of Federation operates accordingly)

On the other hand if a legislative competence (or field or entry) falls exclusively in the provincial domain, then the executive authority 'in relation thereto lies only with the Provinces.

Cabinet sub-committee was not mandated under law and the Constitution to regularize services of employees inducted in government, semi-government departments as well as statutory bodies and to assume role of appointing/competent authority

Cabinet for that matter could not evolve a procedure, introduce any policy and adopt a mechanism which was in direct violation of statutory law, the Constitution, principles of natural justice, fair play and transparency

Cabinet sub-committee could not take any decision which might result into demotion of rule of law and negation of merit to be prevailed in the country

Question of regularization of employees was outside domain of Cabinet sub-committee as persons brought to different departments through backdoors, dubious procedures, formula based on nepotism, favoritism, mala fide and aimed to achieve political designs, was shielded

In most of the cases, even prescribed procedure was not followed and no competitive process was evolved

High Court declared that all persons whose services were regularized as a result of decision of Cabinet sub-committee was of no legal effect, void ab initio and non-existent

High Court directed the competent authorities of respective departments to take decision with regard to regularization of those employees who fulfilled prescribed qualifications and entered organization/department as a result of competitive process against vacant sanctioned posts while rest of appointments had no legal sanctity

Constitutional petition was disposed of accordingly.

When legislature conferred a wide ranging power, it must be deemed to have assumed that the power would be, firstly, exercised in good faith, secondly, for the advancement of the objects of the legislation, and, thirdly in a reasonable manner

Where the authorities failed to regulate their discretion by the framing of rules, or policy statements or precedents, it became mandatory for the courts to intervene in order to maintain the requisite balance for the exercise of statutory power.

When legislature conferred a wide ranging power, it must be deemed to have assumed that the power would be, firstly, exercised in good faith, secondly, for the advancement of the objects of the legislation, and, thirdly in a reasonable manner

Where the authorities failed to regulate their discretion by the framing of rules, or policy statements or precedents, it became mandatory for the courts to intervene in order to maintain the requisite balance for the exercise of statutory power.

Indian Income Tax Act, 1961, S.119(2)(a).

Laws are not ornamental piece of Legislature to be preserved on the statute books but are framed by Legislature to be respected and observed in letter and spirit, authority of executive/public functionaries emanates from law.