| Case ID |
46749ec3-ae5b-4984-a715-7c1ee41a251e |
| Body |
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| Case Number |
CP Nos.60,67,68 (1996); CA Nos.397-K,399-K (1990); |
| Decision Date |
Jan 12, 1997 |
| Hearing Date |
Dec 14, 1996 |
| Decision |
The Supreme Court of Pakistan, comprising seven judges including Sajjad Ali Shah, C.J., Saleem Akhtar, Fazal Ilahi Khan, Zia Mahmood Mirza, Irshad Hasan Khan, Raja Afrasiab Khan, and Munawar Ahmad Ircha, deliberated on the validity of the Eighth Amendment to the Constitution of Pakistan. After thorough hearings from December 1996 to January 1997, the bench concluded that the basic structure of the Constitution, as articulated in the Objectives Resolution and reinforced by Article 2A of the Eighth Amendment, upholds Federalism and a Parliamentary form of government integrated with Islamic principles. The court determined that the Eighth Amendment was implicitly ratified through consecutive parliamentary elections and remained valid unless amended following the constitutional procedure outlined in Article 239. Consequently, the court dismissed the petitions challenging the dissolution order and the amendment, thereby affirming the legitimacy of Article 58(2)(b) and the Eighth Amendment. This decision reinforced the constitutional framework, ensured the balance of power between the President and the Prime Minister, and prevented the imposition of martial law, thereby maintaining democratic governance and constitutional stability in Pakistan. |
| Summary |
In the landmark case heard by the Supreme Court of Pakistan on January 12, 1997, several Constitutional Petitions and Civil Appeals were addressed, primarily focusing on the validity and implications of the Eighth Amendment to the Constitution of Pakistan (1973). The petitions, led by prominent figures such as Mahmood Khan Achakzai, Syed Yousaf Raza Gillani, and Benazir Bhutto, challenged the dissolution order issued under Article 58(2)(b), questioning whether the Eighth Amendment adhered to the Constitution's basic structure, particularly concerning Federalism and Parliamentary supremacy blended with Islamic provisions. The case delved into complex constitutional theories, comparing international precedents and scrutinizing the extent of judicial review. The seven-judge bench, presided over by Sajjad Ali Shah, C.J., meticulously examined the interplay between the Eighth Amendment and existing constitutional provisions. The court concluded that the Eighth Amendment, via Article 2A, successfully reinforced the Federal and Parliamentary framework without undermining Islamic principles. Furthermore, the amendment was deemed implicitly ratified through consecutive party-based parliamentary elections, maintaining its validity unless amended through the constitutionally prescribed procedure of Article 239. Consequently, the petitions challenging the dissolution order and the amendment were dismissed, affirming the legitimacy of Article 58(2)(b) and the Eighth Amendment. This decision was pivotal in upholding the constitutional order, ensuring the balance of power between the President and the Prime Minister, and preventing the imposition of martial law, thereby sustaining democratic governance and constitutional stability in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federation of Pakistan,
International Khatm-e-Nabuwwat Movement,
World Association of Muslim Jurists (Pakistan Zone),
Mutteheda Ulema Council of Pakistan
|
| Judges |
Sajjad Ali Shah, C.J.,
Saleem Akhtar,
Fazal Ilahi Khan,
Zia Mahmood Mirza,
Irshad Hasan Khan,
Raja Afrasiab Khan,
Munawar Ahmad Ircha
|
| Lawyers |
Qazi Muhammad Jamil,
Raja Abdul Ghafoor,
Abdul Hafeez Pirzada,
Abdul Mujeeb Pirzada,
A. Aziz Khan,
Nemo,
Dr.A. Basit,
Ejaz Muhammad Khan,
Khalid Anwar,
Mian Saqib Nisar,
M.A. Zakir,
Ali Ahmed Fazeel,
M.S. Ghauri,
M. Ismail Qureshi,
Sharif-ud-Din Pirzada,
Anwar Mansoor Khan,
Ch. Fazal-e-Hussain,
Aitzaz Ahsan,
Iftikhar Hussain Gillani,
Isrrail Qureshi,
Shahzad Jehangir
|
| Petitioners |
Mahmood Khan Achakzai,
Syed Yousaf Raza Gillani,
Benazir Bhutto,
Habibul Wahab-al-Khairi,
Wukala Mahaz Barai Tahafuz Dastoor
|
| Respondents |
Federation of Pakistan
|
| Citations |
1997 SLD 408,
1997 PLD 426
|
| Other Citations |
Islamic Republic of Pakistan v. Abdul Wali Khan PLD 1976 SC 57,
Federation of Pakistan and another v. Malik Ghulam Mustafa Khar PLD 1989 SC 26,
Pir Sabir Shah v. Federation of Pakistan and others PLD 1994 SC 738,
Fauji Foundation and another v. Shamimur Rehman PLD 1983 SC 457,
Federation of Pakistan v. Saeed Ahmad Khan PLD 1974 SC 151,
Begum Nusrat Bhutto's case PLD 1977 SC 657,
Saifullah's case PLD 1989 SC 166,
Sankari Prasad v. Union of India AIR 1951 SC 458,
Sajjan Singh v. State of Rajasthan AIR 1965 SC 845,
Golak Nath v. State of Punjab AIR 1967 SC 1643,
Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461,
Sint. Indira Nehru Gandhi v: Raj Narain AIR 1975 SC 2299,
Kihota Hollohon v. Zachilhu AIR 1993 SC 412,
Raghunathrao Ganpatrao v. Union of India AIR 1993 SC 1267,
Thirteenth Amendment to the Constitution and Provincial Councils Bill (1990) LRC (Const.) 1,
Minerva Mills Limited v. Union of India (1980) 2 SCC 591,
Hinds v. The Queen (1977) AC 195 (PC),
Government of the State of Kelantan v. Government of the Federation of Malaya (1963) MLJ 355,
Loh Kooi Choon v. Government of Malaysia (1977) 2 MLJ 187,
Phang Chin Hock v. Public Prosecutor (1980) 1 MLJ 70,
State v. Ziaur Rahman PLD 1973 SC 49,
Federation of Pakistan v. United Sugar Mills and others PLD 1977 SC 397,
Golaknath's case AIR 1967 SC 1943
|
| Laws Involved |
Constitution of Pakistan (1973),
Constitution (Eighth Amendment) Act (XVIII of 1985),
Provisional Constitution Order (1 of 1981),
Referendum Order (II of 1984)
|
| Sections |
Article 185(3),
Article 2A,
Article 58(2)(b),
Article 239,
Article 188,
Article 189,
Article 2A,
Article 58(2)(b),
Article 239,
Article 270-A,
Article 51,
Article 184,
Article 199,
Article 141,
Article 175,
Article 178,
Article 194,
Article 48(5)
|