Functions of judiciary

Petitioners contended that Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 had been passed to frustrate the judgments of the High Court and Supreme Court to undermine the independence of judiciary

Validity

Held, Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 had been validly and competently been enacted by the Provincial Legislature

Principles.

Petitioners contended that Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 had been passed to frustrate the judgments of the High Court and Supreme Court to undermine the independence of judiciary

Validity

Held, Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 had been validly and competently been enacted by the Provincial Legislature

Principles.

Legislative Act could not be struck down by Superior Courts on the grounds of mala fides or lack of bona fides or non-application of mind in exercise of such power

Function of the judiciary was not to legislate or question the wisdom of Legislature in making a particular law

Legislative enactment could be struck down by the Court only on two grounds: firstly, where the appropriate Legislature did not have competency to make the law; and secondly, where the enactment abridged any of the fundamental rights enumerated in the Constitution or any other Constitutional provisions.