| Case ID |
151af29f-f565-44e7-8cbf-e2273167f950 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.628 of 1990 |
| Decision Date |
Nov 04, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the Civil Petition for Leave to Appeal against the judgment of the High Court dated 14-10-1990. The Court upheld the President's order of dissolving the National Assembly under Article 58(2)(b) of the Constitution. It was determined that the Government of the Federation could not be carried on in accordance with the provisions of the Constitution due to internal dissensions, corruption, and a breakdown of Constitutional machinery. The Court emphasized the need for public functionaries to act impartially and to the best of their ability, and highlighted that the President's discretion to dissolve the Assembly is justified only in circumstances where there is a complete breakdown of the Constitutional machinery. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the powers of the President under Article 58(2)(b) of the Constitution, particularly regarding the dissolution of the National Assembly. The case arose after the President dissolved the Assembly, citing a breakdown of the Constitutional machinery due to persistent internal dissensions and corruption. The Court reaffirmed the principle that the President's discretion to dissolve the Assembly must be exercised judiciously and only in situations of complete breakdown. This case is pivotal for understanding the balance of power in Pakistan's political system and the responsibilities of public functionaries. The judgment serves as a reference for future cases involving executive powers and the integrity of the democratic process. Key terms include 'dissolution of National Assembly', 'Constitutional breakdown', and 'executive discretion'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, CJ,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
SAAD SAOOD JAN,
NAIMUDDIN,
ABDUL SHAKURUL SALAM,
ABDUL QADEER CHAUDHRY AJMAL MIAN,
RUSTAM S. SIDHWA,
MUHAMMAD AFZAL LONE,
SAJJAD ALI SHAH,
WALI MUHAMMAD KHAN
|
| Lawyers |
Raja Muhammad Anwar, Senior Advocate,
S. Iftikhar,
Sharif Hussain Bokhari, Advocate Supreme Court,
Salim A. Malik, Advocate-on-Record (absent),
Aziz A. Munshi, Attorney General for Pakistan,
S. Sharif-ud-Din Pirzada, Senior Advocate,
Ch. Ejaz Ahmad,
Nizam Ahmad, Dy. Attorneys General,
M. Akram Shaikh, Advocate Supreme Court,
Ch. Fazle Hussain, Advocate-on-Record
|
| Petitioners |
Khawaja AHMAD TARIQ RAHIM
|
| Respondents |
THE FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Parliamentary Affairs, Islamabad and another
|
| Citations |
1992 SLD 436,
1992 PLD 646
|
| Other Citations |
PLD 1989 SC 166,
PLD 1988 Lah. 725,
5 U.S. (1 Crauch) 137 (1803)
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
58(2)(b)
|