Per Ajmal Mian, C J.
(a) Constitution of Pakistan (1973)— Arts. 199, 51, 41, 75, 239, 270-A, 2-A, 175(2), 59(3), 106, 184(3), 90, 91, 17, 184 & 207-A
Additionally jurisdiction of this Court under Article 199 read with Article 175 (2) of the Constitution is subject to the Constitution and not unfettered jurisdiction as to entitle it to strike down a provision of Constitution on a ground other than highlighted by the Supreme Court in the above-discussed cases. [p.70] M.
The argument of the petitioner is based on a misconception that the power to amend the Constitution was derived by the C.M.L.A./President under the decision of Supreme Court in the case of Begum Nusrat Bhutto. The effect of the decision in the case of Begum Nusrat Bhutto was displaced by the Provisional Constitution Order of 1981 which was promulgated on 24-3-1981, and validity whereof was recognized by all the Courts in Pakistan including the Supreme Court. It is, therefore, quite clear as and from 24-3-1981, all powers were derived by the C.M.L.A./President under the P.C.O. of 1981 and the proclamation of 5th July, 1977. [p.115] KK.
The learned Advocates who canvassed for the annulment of the 8th Amendment contended that it was passed by a Parliament which was elected on non-party basis and, therefore, that parliament was not elected in a free democratic and fair manner nor can be it called a democratic parliament. It was also argued that these amendments had distorted and disfigured the basic structure of the original 1973 Constitution and had violated the grund norm i.e. Objectives Resolution. It was also contended that the Senate which was elected by the Provincial Assemblies of the four Provinces all of which were elected on non-party basis was equally undemocratic and was not elected by free and fair elections. Moreover the term of the Senate having expired in March 1988, was unlawfully extended by said parliament for two years. [p.121] RR
Date of hearing: 25th to 28th September; 1st 2nd and 8th October 1989.