Vires of Legislation

Piece of legislation can be invalidated by the court only when the same is found inconsistent with the Constitution or where there is violation of any of the fundamental rights.

When any person attributes mala fide to the Legislature he must have strong proof otherwise malice cannot be attributed to the Legislature

For proving mala fide should be proved by cogent and reasonable evidence

Presumption of bona fide is attached to the legislation enacted by the Assembly.

Where all offences under the statute were cognizable and non-bailable but nowhere the statute provided the provisions of release of an accused person on bail either before the commencement of trial or when trial delays for any reasons beyond the control of an accused

Law stressed the principle of presumption of innocence

Said principle embodied freedom from arbitrary detention and provided a safeguard against punishment before conviction for the reason that ultimate conviction and incarceration of a guilty person could repair the wrong caused by mistaken relief of interim bail granted to him but there is no satisfactory compensation to an innocent person at any stage of the case, albeit his acquittal in the long run

High Court directed the Government to streamline the law in order to maintain strict discipline in the society.

Where a Rule had the effect of being an unreasonable restriction, it could be struck down.

Courts should lean in favour of constitutionality of legislation, therefore, it was incumbent upon the Courts to be extremely reluctant to strike down any law as unconstitutional.

­Petitioner assailed vires of Representation of the People Act, 1976 and sought direction to Electoral Reform Committee constituted by Parliament for electoral reforms-Validity-While examining views of legislation enacted through legislative process provided under the Constitution, powers of court was limited to examining whether primary legislation was repugnant, inconsistent or in conflict with provisions of the Constitution, whether legislature had legislative competence as envisaged in the Constitution, and whether the legislation violated or abridged fundamental rights guaranteed under the Constitution

Petitioner, in the present case, failed to raise any ground which could persuade High Court to exercise its jurisdiction, so as to go into the question of vires of Representation of the People Act, 1976

Narrative of petitioner raised questions which essentially related to wisdom of Parliament in enacting the Act

Wisdom of Parliament in enacting a law was outside the scope of judicial review

As long as legislature had competence to legislate, grounds or wisdom of legislation remained its exclusive prerogative

Proceedings of sub-committee constituted by Parliament fell within its "internal proceedings" and, therefore, same was outside the jurisdiction of High Court in terms of Art.69 of the Constitution-Constitution mandated that neither direction be given to legislature nor could legislature be dictated to regarding the manner in which it could legislate

Petition was dismissed in circumstances.

Judiciary had the duty to examine vires of a legislation at the touchstone of the Constitution.

Judiciary had the duty to examine vires of a legislation at the touchstone of the Constitution.

Petitioner had called in question the vires of (Azad Jammu and Kashmir Red Crescent Branch (Extension of Jurisdiction, Scope and Functions) (Amendment) Ordinance, 2007 for having been promulgated without Legislative competence and in violation of subsection (1), clauses (a), (b), (c) of S.31 of Azad Jammu and Kashmir Interim Constitution Act, 1974

Contention of counsel for the petitioner that neither the Legislative Assembly nor the Council or the President had the power to legislate in order to assume the control of Pakistan Red Crescent Society, AJ&K Branch, because same stood excluded from their Legislative competence in view of clauses (a)(d) of subsection (3) of S.31 of Azad Jammu and Kashmir Interim Constitution Act, 1974, was repelled being devoid of any force

Under S.31 of Azad Jammu and Kashmir Interim Constitution Act, 1974, both the Council and the Assembly were vested with the power to enact law in respect of the matters enumerated in clauses (a), (b) & (c) of subsection (1) of S.31 of the Interim Constitution Act, 1974

Under subsection (2) of S.31 of Azad Jammu and Kashmir Interim Constitution Act, 1974, Council was vested with the exclusive power to enact law with respect to all the matters enumerated in the Council Legislative List, set out in the Third Schedule

When Assembly was not in session, law could be enacted through promulgation of an Ordinance by the President, if he was satisfied that circumstances existed which had rendered it necessary to take immediate action in that behalf

Petition was dismissed, in circumstances.

Factors determining vires and purpose(s) of notification.

Vires of legislative measure is not open to the scrutiny of the superior Courts on the alleged ground of mala fides because legislative measures are presumed to be bona fide.

Legislature is presumed not to legislate a law manifestly causing injustice or abuses of the jurisdiction of legislation

Where such abuses of jurisdiction is manifest the Courts have the exclusive powers to examine the validity of the same.

Provisions of S.2, Foreign Exchange (Temporary Restrictions) Act, 1998 being a case of excessive delegation conferring unguided powers on State Bank, was ex facie discriminatory and thus, violative of Arts.4 & 25 of the Constitution of Pakistan, and therefore, of no legal effect.

Ordinarily the Court is not required to determine academic issues as to the Constitutionality of a provision of law without there being actual dispute between the parties.

Scope.

Test to examine whether the challenged legislation was inconsistent with any provision of the Constitution.

Test to examine whether the challenged legislation was inconsistent with any provision of the Constitution.

When a criminal law can be struck down as a void law on the ground of its being vague, uncertain or broad.

Vires of legislation Impugned law was enforced on 1-8-1983 at a stage when Fundamental Rights were not enforceable and could not be adopted as a test for judging the wires of the Ordinance

Contention that Ordinance XIII of 1983 was violative of Fundamcntal Rights of equality and of property as it affected the vested rights of persons, repelled.

(Vires of legislation).

S. 2 & Sched. read with Constitution of Pakistan (1962), Art. 29 and Constitution of Pakistan (19721, Art. 281-Vires of legislation-Non-approval of Ordinance (1 of 1969), by Legislature due to its dissolution and promulgation of Martial Law-Does not render Ordinance illegal due to cover given it by Martial Law and later by Art. 281 of Constitution-Legislation being a necessary act for good of State and its subjects would not be struck down.