Legislative power

2025 PTD 1439 ISLAMABAD Judicial Precedent

Art. 89(2)(a)(ii)Legislative powerOrdinanceExtension of timePrinciplePower vested in Houses under Art. 89(2)(a)(ii) of the Constitution is of legislative nature

Such power has been conferred by makers of the Constitution to extend an Ordinance for another term of 120 days and therefore, includes power to extend it retrospectively

Provision of an Ordinance, even if extended by giving it retrospective effect, remains enforced for a total period of 240 days from the date of its promulgation

Act of extending an Ordinance is essentially a legislative power and therefore, it can be exercised at any time after expiry of 120 days and before 240th day from the date of promulgation

This is a legislative power and can be exercised retrospectively.

2018 PLD 448 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art. 141Legislative powerExtent

In matters relating to legislative competences a broad approach is preferable.

2018 PLD 448 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Arts. 142 (b) & 144Constitution (Eighteenth Amendment) Act (X of 2010), PreambleLegislative powersScope

Provisions of Constitution (Eighteenth Amendment) Act, 2010, omitted Concurrent List but still left three competences as concurrent: criminal law, criminal procedure and evidence

Some of the entries from Concurrent List were shifted to Federal List and changes were also made to some of the entries otherwise to be found in the latter; there are (a) enumerated competences set out in Federal List, which are exclusive to the Federation; (b) three enumerated competences which are concurrent; and (c) a whole host of non-enumerated competences which are exclusive to the Provinces

Parliament, in ordinary course can only make laws in respect of the competences on Federal List and the three which are still concurrent (There are also certain legislative powers expressly conferred on Parliament under various Articles of the Constitution)

Federation, in certain exceptional circumstances, can also acquire power to make laws in respect of non-enumerated competences exclusive to the Provinces

One of such instances has been set out in Art. 144 of the Constitution.

2018 PLD 448 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Arts.144 & 199Drug Regulatory Authority Act (XXI of 2012), Ss.32 & 40Alternative Medicines and Health Products (Enlistment) Rules, 2014Legislative PowersParliament legislating for ProvincesPrinciple

Petitioners were aggrieved of applicability of Drug Regulatory Authority Act, 2012, on various products as manufactured, sold, used or imported by them and assailed the legislative competence of Parliament after Constitution (Eighteenth Amendment) Act, 2010

Validity

Parliament was to apply maximlist approach

Law enacted by Parliament under Art. 144 of the Constitution could at any time be amended or repealed by Provincial Assembly in relation to its own Province

If an Assembly, that had passed a resolution that was in scope apparently less than the one couched in the broadest terms, was dissatisfied with the law enacted by Parliament, it could at any time take necessary action either by amending the law to tailor it to its own resolution or repealing it altogether

Parliament was competent to enact Drug Regulatory Authority Act, 2012, it could have repealed Drugs Act, 1976, as in force in all Provinces

Parliament had chosen not to do so and by S.32 of Drug Regulatory Authority Act, 2012, it was specifically provided that it was in addition to and not in derogation of Drugs Act, 1976

Such provision and the continued existence of Drugs Act, 1976, could be taken to mean that Drug Regulatory Authority Act, 2012, itself could not be enforced or given effect in all Provinces on its own terms as therein provided

Neither Parliament's competence under Art.144 of the Constitution nor the manifestation of the same in the shape of Drug Regulatory Authority Act, 2012, was so circumscribed

Drug Regulatory Authority Act, 2012, was the controlling statute, operating seamlessly as one unified law that had applied trans-provincially across all Provincial boundaries and not Drugs Act, 1976, operating in each Province as territorial bound provincial legislation

High Court directed the authorities to give hearing to petitioners in respect of each product or substance as to whether the product/substance had come within the scope of Alternative Medicines and Health Products (Enlistment) Rules, 2014, or Drug Regulatory Authority Act, 2012, especially with reference to the definitions

Constitutional petition was disposed of accordingly.

2017 PTD 406 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Imposition of taxLegislative powerScope

Legislature cannot be estopped from issuing notification for the purpose of imposition of tax with a view to generate revenue keeping in view its growing requirement to generate funds to address burning problems of the day and the complex issues faced by people, which the legislature in its wisdom through legislation seeks to resolve

No estoppel against Provincial Government to levy duty on excisable items.