Policy making

In cases involving utilities and economic regulation, there are good reasons for judicial restraint and/ or judicial deference to legislative judgment; it not the responsibility of the Court to regulate economic policy

Courts must confine themselves to legal interpretation

High Court must satisfy itself that there is a breach of fundamental rights, vested constitutional/legal rights before any direction is issued

Such directions must not be based on an understanding of the law which is contrary to the Constitution.

Policy making is an executive function and is not amenable to judicial review by High Courts unless the policy falls in any of the exceptions to the general rule

Exceptions include if a policy is shown to be in violation of fundamental rights, inconsistent to Constitutional and statutory provisions, or demonstrably arbitrary, capricious, mala fide, discriminatory or unreasonable or opposed to public policy.

Framing of government policy is to be undertaken by the Executive, which is in a better position to decide on account of its mandate, experience, wisdom and sagacity, which are acquired through diverse skills.

Even Courts do not intervene in the policy matters unless such policies are perverse, ab initio void or against Constitutional guarantees

Where Federal Government or Provincial Government formulate a policy in accordance with law and under the mandate of the Constitution but not in an conformity with any policy of a private body, may it be an international body, the policy promulgated in Pakistan by its Government would prevail upon statute, policy, direction etc. of such international body.

Making policy is prerogative of government and Court in exercise of its Constitutional jurisdiction cannot make policy for government

Court cannot interfere in government policy unless there is infringement of legal rights or found to be ultra vires to the Constitution and injunction of Islam.

Courts should ordinarily refrain from interfering in policy making domain of the Executive.

Making policy is prerogative of government and Court in exercise of its Constitutional jurisdiction cannot make policy for government

Court cannot interfere in government policy unless there is infringement of legal rights or found to be ultra vires to the Constitution and injunction of Islam.

Functions of policy making or determining priorities of various development projects in the country, were the exclusive domain and function of the Federal and Provincial Governments, as the case might be, who had their own ministers, departments, commission and consultants, etc. for policy making and for determining priorities of various projects and their implementation.