Representative democracy
Representative democracy legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
System of governance in Pakistan established under the Constitution, is that of representative democracy.
Under the Constitution, neither in the Federal Government, nor in the Provincial Government(s), any executive authority was entrusted upon the respective Adviser, and rather being non-elected individuals, per Arts. 91(9) & 129(9) of the Constitution, no executive authority was to be exercised by such an individual beyond a period of six months from date of appointment
Constitution did not provide for taking an oath from a Federal or Provincial Adviser, meaning thereby, that such an Adviser, (as a non-elected individual) was neither answerable to the National Assembly, cabinet, any constituency, nor bound himself through an oath and for such reason, the Constitution did not encapsulate any possibility of an Adviser to exercise executive authority since such an exercise would be violative of the fundamental principles of democracy, and any act of giving any executive authority to an Adviser, would be an attempt to place non-elected persons at the helm of affairs to discharge executive authority which the Constitution solely reposed on the shoulders of the elected representatives which were additionally bound by the oath of their respective offices.
Rationale, scope and contours of such restrictions extensively discussed.
Constitutional vision of institutionalized participation of people at the local level, extensively discussed.
"Representative democracy", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124955036
Precedents & Case Laws citing "Representative democracy"
P L D 2016 Lahore 101
BARKHURDAR — Petitioner Versus APPELLATE TRIBUNAL/ADDITIONAL DISTRICT AND SESSIONS JUDGE and 3 others — Respondents
Court: High CourtP L D 2016 Lahore 1
AWAIS YOUNAS — Petitioner Versus FEDERATION OF PAKISTAN and others — Respondents
Court: High Court2015 C L C 1477
MANSOOR SARWAR KHAN, Advocate High Court, President Pakistan Tehreek-e-Insaf Central Region, Punjab — Petitioner Versus ELECTION COMMISSION OF PAKISTAN through Chairman, Islamabad
Court: Lahore2016 S C M R 690
ASGHAR ALI SHEIKH and another — Appellants Versus LIAQAT ALI JATOI and others — Respondents
Court: Supreme Court of PakistanP L D 2022 Supreme Court 420
COMMISSIONER INLAND REVENUE, FEDERAL BOARD OF REVENUE, KARACHI — Petitioner Versus MUHAMMAD MUSTAFA GIGI and others — Respondents
Court: (a) Income Support Levy Act, 2013 since repealed---P L D 2014 Lahore 221
ARSHAD MEHMOOD — Petitioner Versus COMMISSIONER/DELIMITATION AUTHORITY, GUJRANAWALA and others — Respondents
Court: High Court2016 Y L R 332
Raja SAJJAD AHMED KHAN — Petitioner Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 6 others — Respondents
Court: High Court (AJ&K)P L D 2021 Lahore 544
VICE-CHAIRMAN PUNJAB BAR COUNCIL and others — Petitioners Versus GOVERNMENT OF THE PUNJAB and others — Respondents
Court: High Court2019 S C M R 165
JACQUES CHAGNON, IN HIS CAPACITY AS PRESIDENT OF THE NATIONAL ASSEMBLY OF QU BEC — Appellant Versus SYNDICAT DE LA FONCTION PUBLIQUE ET PARAPUBLIQUE DU QU BEC — Respondent and HONOURABLE SERGE JOYAL, P.C., AND SPEAKER OF THE LEGISLATIVE ASSEMBLY OF ONTARIO — Interveners
Court: Supreme Court of Canada*P L D 2017 Sindh 214
FAREED AHMED A. DAYO — Petitioner Versus CHIEF MINISTER SINDH through Principal Secretary and 5 others — Respondents
Court: High Court