h1

P L D 1990 LAHORE 401

WASI ZAFAR
V/S

SPEAKER PROVINCIAL ASSEMBLY

Per Khalil-ur-Rahman Khan, J.

Constitution of Pakistan (1973), Articles 127 & 69:

Articles 127 & 60 read with Article 199 — Constitutiional jurisdiction —

Internal proceedings and procedure of Legislature — High Court, while exercising the powers under Article 199 has to avoid encroachment on the Constitutional preserves of other functionaries of the State — Irregularities in procedure by Legislature cannot be noticed by the Court as the Paliamentary practice authorises the Legislature to decide what it will
discuss and how it will settle its internal affairs and what code of procedure it intends to adopt.

The judiciary or the judicial department though independent is an equaal co-ordante branch of the Government and is charged with the duty and power to interpret, construe and apply the Constitution and law but in exercise of this power, the judiciary claims no supremacy over other organs of the Government e,g., the lgislature but acts only as an administrator of the public will.  [p. 410] F
The judiciary, as such, while exercising the powers under Article 199 has to avoid encroachment on the Constitutional preserves of other functionaries of the State. In this respect effect of Article 127 read with Article 69 of the Constitution has to be noticed. [p. 410] G
It is because of the presence of these ARticles in the Constitution that the superior Courts have refused to scrutinise the internal proceedings and procedure of the Assembly so that the independence and sovereignty of the Legislature in that respect is not infringed and violated or encroached upon in any manner. [p. 410] H

Irregularties in procedure, in view of the provisions contained in Articles 69 and 127 cannot be noticed by the Court as the parliamentary practice authorises Legislature to decide what it will discuss and how it will settle its internal affairs and what code of procedure it intends to adopt. [p. 411] I

The Assembly may even depart it is so compulsive from the rules of procedure and down by itself, and this is can do at its discretion. Such a departure will not render its responsibility to be scrutinized by any external authority for not following the rule, which is laid down by itself. These principles point out the independence of the legislature and the Assemblies. Such plenary powers are contemplated in various Articles of the
Constitution including Article 127. These powers and the collective privileges contemplated by the provisions of Constitution which are to be liberally interpreted, leads to the conclusion that the procedural irregularites if any in the proceedings of the Assembly cannot be scrutinized by High Court in exercise of its Constitutional jursidction.  [p. 411] J

STATE V. ZIA-UR-REHMAN AND OTHERS PLD 1973 49

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