Council of Common Interest

2024 PLD 217 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Arts. 97 & 154 (1)Executive authority of Federal GovernmentCouncil of Common InterestScope

When executive authority of Federal Government extends to matters with respect to which Parliament has power to make laws, it follows that the power of Council of Common Interest to make policy under Art. 154 (1) of the Constitution is also no embargo to policy-making by Federal Government in exercise of its executive authority under Art. 97 of the Constitution.

2018 PLD 75 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 154 & Fourth Sched. Part II, Item 11Medical and Dental Council Ordinance (XXXII of 1962) Ss. 3, 10 & 33Council of Common InterestsMandatory nature of the provisions of Art. 154 of the ConstitutionRegulation of the medical profession by the Council of Common Interests ("CCI")Mandate of the Pakistan Medical and Dental Council ("PMDC")

Standards, guidelines and regulation of the medical profession by the PMDC subject to approval by CCI via Constitutional mandate

Scope

PMDC regulated the medical profession by ensuring that all medical and dental education in Pakistan was imparted by recognized medical or dental institutions that issued recognized degrees and thereafter registered the medical or dental practitioners

PMDC set standards for education and admission in medical and dental colleges in order to ensure that minimum threshold was maintained

Laws relating to medical profession were covered under Part II of the Federal Legislative List, and thus anything done in relation thereto must be placed before the CCI as it was the Constitutional Forum which exercised and supervised control over the PMDC and regulated all policies with respect to the medical profession

Language of Art.154 of the Constitution requiring the CCI to formulate and regulate polices in relation to matters in Part II of the Federal Legislative List meant that there must be a deliberative process before the CCI wherein objectives of relevant policy were discussed along with manner in which it was to be effectuated; which would include the framework of any regulation

Article 154 of the Constitution required the CCI to exercise supervision and control over medical institutions and any regulation with reference to the medical profession could fall within the control and supervision of the CCI

High Court held that all standards, guidelines and recommendations issued by PMDC in furtherance of its mandate, which is to regulate the medical profession, must be approved by the Council of Common Interests.

2018 PLD 20 ISLAMABAD Judicial Precedent

Art. 154(7)Council of Common InterestsPower and authority

Council of Common Interests has to regulate and formulate policies for Federation in relation to a number of subjects including electricity and regulatory bodies

Decision of Council of Common Interests has binding/obligatory effect unless the same is modified by the Parliament as provided in Art. 154(7) of the Constitution.

2017 PLD 207 ISLAMABAD Judicial Precedent

Arts. 154 & 153Rules of Business, 1973, R.3(3), Sched. II, Cl.2, Entry 53Notification SRO No.226(I)/2010, dated 3-4-2010Council of Common InterestStatutory Regulatory Authorities

Petitioner was aggrieved of the Memorandum whereby Prime Minister transferred administrative control and had placed five Statutory Regulatory Authorities i.e. National Electric Power Regulatory Authority, Pakistan Telecommunication Authority, Frequency Allocation Board, Oil and Gas Regulatory Authority and Public Procurement Regulatory Authority, under the control of Cabinet Division of Federal Government

Validity

Council of Common Interest held a pivotal status in scheme of Federalism

Obstructing or impeding its functions and bypassing or ignoring the forum which was established to strengthen bonds between Federating units would inevitably lead to defeating intent of framers of the Constitution, besides giving rise to unfounded suspicions and doubts

Placement of five Regulatory Authorities was not a matter relating to day-to-day functioning but it fell within the fold of general principles by which Federal Government was to be guided by Council of Common Interests in its management of public affairs; as such the same fell within the expression used in Art.154 of the Constitution and therefore, subject to the exclusive power and jurisdiction vested in the Council of Common interests

Any alternation made in administrative arrangement relating to regulatory authorities was subject to approval of Council of Common Interests

Policy decisions and guidelines of Council of Common Interests were binding on Federal Government, and the Government was not empowered to interfere with the affairs of regulatory authorities other than as provided under Art.154 of the Constitution and relevant legislative enactments

Provision of R.3(3) of Rules of Business, 1973 was subject to Arts.153 & 154 of the Constitution

Memorandum dated 19-12-2016, could not have been issued nor the Prime Minister was empowered to grant approval pursuance to powers vested under R.3(3) of Rules of Business, 1973

High Court declared the Memorandum in question to have been issued in violation of the constitutional mandate and as such was illegal, void and was issued without lawful authority and jurisdiction

Status which existed before issuance of Memorandum in question was restored

Any alteration or amendment of entry 53 of Cl.2 of Rules of Business, 1973 was required approval of Council of Common Interests

Constitutional petition was allowed in circumstances.