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2005 CLC 452

Per Sabihuddin Ahmed, J.

(a) Constitution of Pakistan, 1973 Article 89

It was observed that Article 89 only required an Ordinance laid before the Houses of the Parliament and this must obviously be done when it was still in force. In deed supremacy of the Legislature was recognized by the stipulation that it would cease to have effect upon disapproval by either House. Nevertheless, in case the Legislature chose to take time in deliberation over its provisions without approving or disapproving it, a vacuum could not be countenanced. Under such conditions the power to repromulgate an Ordinance ought to be conceded to the President. We have noticed that in a subsequent case Federation of Pakistan v. M. Nawaz Khokhar PLD 2000 DC 26 a seven member Bench of the Hon’ble Supreme Court has proceeded on the assumption that Ordinance XX of 1997 which was repromulgation upon expiry of Ordinance CXI of 1996 was a valid piece of legislation. [p. 455]B

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