h1

P L D 1966 LAHORE 446

TAHIRA FAZAL AHMAD
v/s
HOME SECRETARY, GOVERNMENT OF WEST PAKISTAN

Frame (1)

(a) Constitution of Pakistan (1962), Arts. 80, 81, 82, 118(5) & 103(2) (a)
Constitution of Pakistan (1973), Arts. 129, 139, 130, 101 & 62

West Pakistan Immovable Property (Temporary Powers) Act (VII of 1956), s. 3—Constitution of Pakistan (1962), Arts. 80, 81, 82, 118(5) & 103 (2) (a)—Minister—Position that of subordinate Officer to Governor—Words “Minister”, “Officer” and “Government”—Meaning—Government and its Officers—Not separate entities.Where the contention was that the provisions of Article 82 of the Constitution of Pakistan, 1962 require that in order to be a member of the Governor’s Council of Minister a person must be qualified to be elected as a Member of the Provincial Assembly and under Article 103(2)(a) a person cannot be a Member of the Provincial Assembly if he is a Government servant and, therefore, it was urged, that a member of the Governor’s Council of Ministers is not covered by the expression “Government Servant”.

Held: A combined reading of Article 80, 81, 82 and 118(5) of the Constitution will indicate that a Minister assists the Governor in the performance of his executive functions and is, therefore, an officer subordinate to the latter. [p. 452]A

To the same effect is Shambhu Nath Ghosh and others v. Bejoy Lakshmi Cotton Mills Ltd. and others (3). A combined reading of Article 80, 81 82 and 118 (5) of the Constitution and the view taken in the aforesaid judgments will indicate that a Minister assists the Governor in the performance of his executive functions and is, therefore, an officer subordinate to the latter. (p. 452) A

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: