Legislative competence

Where the true nature and character of a statute is found to fall outside the legislative competence of the enacting body, the law must necessarily be declared ultra vires.

Only the Federation itself had the exclusive domain to legislate on all matters that were, in their nature, 'residuary subjects', with respect to ICT.

Legislative competence for Parliament came from several sources; firstly the Federal Legislative List ('the FLL') of the Constitution; secondly express provisions of the Constitution; and finally on subjects which related to the Federation

Legislative competence could not be restricted to just the entries in the FLL, because the entries in the FLL were not sources of power, rather a list of subject matters on which Parliament could legislate

Federation was not absolved of its duty to enforce fundamental rights notwithstanding the 18th Amendment to the Constitution or the fact that the subject was not listed in the FLL, as enforcement of fundamental rights was the duty of the State, which included the Federal Government.

Federation could always legislate for enforcement of constitutionally recognized Fundamental Rights, even in absence of any Entry in the Federal Legislative List ('the FLL') or competence in the Constitution, if Province lacked competence to enforce it due to geographical limit on its legislative power

Such interpretation was in conformity with basic rule of legislative competence under Art. 141 of the Constitution

Where other components of State [as provided under Art. 7 of the Constitution] lacked legislative competence, the Federation had legislative power to enforce fundamental rights.

Aggrieved party, in appropriate cases, can approach the High Court by filing a constitutional petition against violation of Fundamental Rights or in order to agitate a constitutional point relating to legislative competence.

Legislature enjoyed much leeway and competence in matters of legislation, but every law enacted may not necessarily be tenable on the touchstone of the Constitution

Legislative competence was not enough to make a law valid

Law must also pass the test at the touchstone of constitutionality to be enforceable, failing which it became invalid and unenforceable.