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P L D 1991 KARACHI 1

KHALID MALIK AND OTHERS
V/S
FEDERATION OF PAKISTAN AND OTHERS

CONSTITUTION OF PAKISTAN (1973), ARTICLE 50, PRE & INT.

INTERPRETATION –

Definition, characteristics and object — [Interpretation of Constitution]

The Constitution is a living organism and has to be interpreted to keep alive the traditions of the past blended in the happening of the present and keeping on eye on the future. Constitution is the symbol of statehood keeping united people of
different races, diverse cuasltural, sociala, economic and historical traditions. It provides a method of legitimacy to the
Government. It is the power behind the organs and institutions created by it. Constitution must be interpreted keeping in view the entire convass of national fabric be it political, social economic or religous.

Per Saleem Akhtar, J. –

The Constitution is a living organism and has to be interpreted toi keep alive the tradition of the past blended in the happening of the present and keeping an eye on the future. Constitution is the symbol of statehood keeping united people
of different races, diverse cultural, sociala, economic and historical traditions. It provides a method of legitimacy to the
Government. It is the power behind the organs and institutions created by it. Constitution must be interpreted keeping in view the entire convass of national fabric be it political, social, economic or religious. In Banazir Bhutto’s case the concept of
the Constitution has fully been explained by the Supreme Court in a classical manner.

Interpretation — Power with which Article 58(2)(b),

Constitution of Pakistan vests the President, is distinct from the discretionary powers referred to in Article 48(2) of the
Constitution — Provision of Article 58(2)(b) of the Constitution postulates a situation wherein “the Government of
the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is
necessary”. [p.110]KKK

P R E A M B L E  –

Preamble —  Functions of main organs of the country under the Constitution outlined — Basic feasturs of Parliamentary form of Government stated.

National Assembly is one of the main organs of the Constitution. It is a part of the Parliament and mainly responsible for legislative work. The Executive, Legislature, and the Judiciary are the three main organs in any democratic Constitution. They have their own definite spheres providing checks and balances ensuring harmonious and smooth running of the
Government according to Constitution and Law. In this trichotomy of power Judiciary has an important but dificult role to play. It secures the rights of the people and is a safety valve against excessive and arbitrary actions of the exeutive and infringement of Law and Fundamental Rights. One organ cannot overreach the other, nor one can ignore or minimise the importance of the other. All of them have to maintain balance and respect each other. [p.68]Y

The Constitution reflects a parliamentary form of Government in which will of the people is supreme. The National Assembly is a legislative body to frame the laws and the Cabinet runs the administration of the country. It is the failure of the Government which is to be taken into consideration in a political democratic set-up. There may be difference of opinion
but the difference of opinion should not escalate to a point of confrontation which may disturb the balance or cause anxiety to the administration or block the running of the Government. The policy of the Government should be for the betterment of the entire people and not for the people belonging to the majority party. Democracy envisages consensus of the majority which has a right to rule but once a Government is formed it is not the Government of the party but of the people and ikewise the legislative and administrative actions should also be for governance, and welfare of the people and not for the people belonging to the ruling party. Once a political party comes into power it has a right to enforce its manifesto and mandate on which it has been elected but it cannot disregard and trample the constitutional rights which have been conferred on the people at large. The laws have to be framed and executive actions are to be taken keeping in view the Constitutional rights of every pereson to be treated equally before law and the right of freedom, life and liberty conferred by the Constitution.[p.70]BB

Preamble — Interpretation of Constitution — No provision of the Constitution of Pakistan can be tested on the touchstone of
any other Constitution but intention of the Constitution-makers has to be gathered from the Constitution itself —

[Interpretation of Constitution] (p. 120)EEEE

Preamble — British Convention which are the basis of their Constitution are uncertain and unenforceable in a Court of law and therefore, cannot be made applicable to a country like Pakistan which has a written Constitution.

The British Convention which are the basis of their Constitution are uncertain and unenforceable in a Court of law
and therefore, cannot be made applicable to a country like Pakistan which has a written Constitution. Constitution of
Pakistan envisages an Islamic, democratic and Federal form of Government. Hence the President of Pakistan cannot be equated with the British monarch and it is wrong to argue that the President of Pakistana is as powerless ass King of England in the matter of controlling the Prime Minister.[p. 151]PPPP

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