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P L D 1991 KARACHI 1

KHALID MALIK AND OTHERS

V/S

FEDERATION OF PAKISTAN AND OTHERS

Per Saleem Akhtar, J

Constitution of Pakistan (1973), Articles 153, 154 & 164:

Articles 153 & 154 — Object of Council of Common Interests is to strengthen and integrate Federation and Provinces, iron and their differences and provide Constitutional justice to the Provinces.

The Constitution requires the Federation and Provinces to function on harmony in “mutually complimentary and cooperative basis”. This can be achieved if each one of them observes the letter and spirit of the Constitution and respects and recognizes the rights and duties towards each other. The provinces, in the subservient position they have been placed, from the point of view of finances and resources, are bound to have a feeling of frustration, helplessness and injustice. To avoid acrimony, confrontation and sense of deprivation, a forum viz., Council of Common Interests has been provided where claims, grievances, and injustices, within the limits provided by the Constitution have to be discussed and sorted out.[p. 78]KK

Object of Council of Common Interests is to strengthen and integrate Federation and Provinces, iron out their differences and provide Constitutional justice to the provinces. [p.77]JJ

FEDERATION OF PAKISTAN V. UNITED SUGAR MILLS LTD. PLD 1977 SC
397. Ref.

Articles 153 & 154 – read with Article 58(2)(b) – Dissolution of National Assembly by the President — Failure of Federal Government to convene meeting of Council of Common Interests — Effect — Correspondence between President of Pakistan and Prime Minister of Pakistan with regard to the convening of the meeting of Council of Common Interests and statements of Federal Ministers clearly demonstrated that Federal Government was not prepared to hold meeting of the Council of Common Interests although if not all some demands made by the Provinces fell within its ambit — Such attitude of the Federal Government thus led to confrontation between two Provinces and the Federation and there seemed to be no way out to settle the outstanding demands and issues.[p. 84]LL

Article 160 – read with Article 58(2)(b) – Dissolution of National Assembly by the President — Reconstitution of National Finance Commission was purposely delayed by the Federal Government till after the budget had been passed which created tension and confrontation between the Centre and Provinces — Such action of the Federal Government, Held, was violation of the Constitution. [p.99]GGG

Articles 153 & 160 – read with Article 58(2)(b) – Dissolution of National Assembly by the President — Mere delay in calling the meetings of Council of Common Interests and National Finance Commission could not provide any cause for the dissolution of the National Assembly by the President as by such omissions neither the Constitution appeared to have been undermind nor violated. [p.123]WWW

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