Composition

2024 PCrLJ 1903 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 19Joint Investigation Team (JIT)CompositionObjection over inclusion of two police officers in the JIT

Without any evidence of bias against any member of Joint Investigation Team, nomination cannot be objected on the basis of apprehensions.

2021 PLD 544 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

PreambleCompositionPrincipleCivil Procedure Code, 1908, is an amalgam of substantive and procedural laws

Substantive part contains provisions enacting fundamental principles of procedural law but rules provide procedure to be followed by Courts in application of those principles.

2020 PLD 89 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Art. 160(1)National Finance Commission (NFC)Composition

Federal Secretary for Finance cannot be included in NFC through any notification as the same is against relevant provision of the Constitution

Finance Secretaries of Federal and Provincial Governments can assist their respective Ministers before or during the meetings of NFC.

2020 PLD 89 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Arts. 92, 132 & 160(1)National Finance Commission (NFC)CompositionAdvisor to Prime MinisterEligibilityTerms of Reference

Petitioner assailed notification issued by the President, constituting NFC, in which Advisor to Prime Minister on Revenue and Finance was included in the Commission who was to chair the meetings of Commission and also fixed Terms of Reference for the NFC

Validity

Purpose of appointing Federal and Provincial Ministers as permanent Statutory Members of NFC was because they were elected representatives and part of their respective cabinets

Such members were under Constitutional oath, once on becoming members of Parliament and Provincial Assemblies and then before entering into the offices of Federal or Provincial Ministries respectively

Such Members were chosen representatives well conversant with the problems and needs of people whom they represented and were also collectively responsible to the Parliament and Provincial Assembly

Federal and Provincial Ministers had been made permanent members of NFC by designation only

No one including an Advisor to Prime Minister or Advisor to Chief Minister could replace Federal and Provincial Finance Ministers

Notification in question was clear enough, according to which in absence of Federal Minister of Finance, the Advisor to Prime Minister was to chair the NFC

According to Art. 160 of the Constitution, the President had no power to do so, as such the Advisor to Prime Minister could not act on behalf of the Federal Minister of Finance in NFC

If Prime Minister was holding portfolio of Federal Minister of Finance, he in his capacity as Minister of Finance could attend the meeting of NFC

Scope and mechanism for NFC to be followed was provided in Art.160 of the Constitution

Any direction contrary to the provisions of Art.160 of the Constitution with regard to proceedings of NFC was unconstitutional

Terms of Reference made by the President with direction to the members of NFC to follow the same were illegal and unconstitutional

President and NFC were bound to follow whatever the Constitution of Pakistan empowered them

High Court set aside the notification to the extent of appointing Advisor to Prime Minister as member of NFC

High Court also set aside the Terms of Reference made by the President for NFC

Constitutional petition was allowed accordingly.