h1

P L D 1993 SC 473

MUHAMMAD NAWAZ SHARIF
V/S
PRESIDENT OF PAKISTAN AND OTHERS

Per Nasim Hasan Shah, C J

(a) Constitution of Pakistan (1973) Articles 58(2)(b), 46, 48(1)(6), 101, 91(4)(5), 242(1A), 243(2)(c) & 213

Coming back to the question of the role assigned to the President and the powers vested in him after the adoption of the Constitution (Eight Amendment) Act, 1985, reference to the power to dissolve the National Assembly conferred on him by clause (2) of Article 58, which power was not earlier vested in him, has already been made. In addition he was empowered also to appoint, in his discretion, the Chief Election Commissioner (Article 213), the Chairman of the Public Service Commission (Article 242(1A)) and the Chairman, Joint Chiefs of Staff Committee (Article 243(2)(c)). He was also empowered to appoint the Governors of the Provinces after consulting the Prime Minister (Article 101). Powers were also conferred on him to refer any matter of national importance to a referendum (Article 48(6)]. Duty was cast on the Prime Minister vide the substituted Article 46 to keep the President fully cognisant of the doings of his Government. (p.565)V

Per Shafiur Rahman, J

(b) Constitution of Pakistan (1973), Article 243

It is clear that prior to the amendment of Article 243 the appointment of all the Chiefs of the Army, Air Force and the Navy had to take place on the advice of the Prime Minister. The content of the amendment introduced by the Revival of the Constitution Order was confined to one new post that was created, that was of the Chairman, Joint Chiefs of Staff Committee and in respect of that newly-created post the appointing authority was made the President and in making that appointment he was to act in his discretion. Throughout the world interpreting and understanding the Constitution and legislative instruments the punctuations are not allowed to play any decisive role. Even if they do here the authorisation or empowering by the Parliament and the provisions of the Revival of the Constitution Order being confined to the post of Joint Chiefs of Staff Committee it could not on any interpretation be extended to the other Chiefs. (p.632) SS

CONSTITUTION OF PAKSITAN (1973), ARTICLES 242 & 243:

Articles 242(1A) & 243(2)(c) — read with Articles 58(2)(b),
46, 48(1)(6), 101 & 213 — [as added by Constitution (Eighth
Amendment) Act (XVIII of 1985), Preamble] — role assigned to
the President and the powers vested in him after the adoption of
the Constitution (Eighth Amendemnt) Act, 1985 and
responsibislities of the Prime Minister expounded — Distinctive
features of a written Constitution — Constitution of Pakistan
creates a parliamentary democracy — Scheme of Constitution
vis-a-vis working relationship of President and Prime Minister
elaborated.

The role assigned to the President and the powers vested in
him after the adoption of the Constitution (Eight Amendment) Act,
1985, to dissolve the National Assembly by clause (2) of Article
58, which power was not earlier vested in him, in addition he was
empowered also to appoint, in his discretion, the Chief Election
Commissioner (Article 213), the Chairman of the Public Service
Commission (Article 242(1A)) and the Chairman, Joint Chiefs of
Staff Committee (Article 243(2)(c)). He was also empowered to
appoint the Governors of the Provinces after consulting the
Prime Minister (Article 101). Powers were also conferred on him
to refer any matter of national importance to a referendum
(Article 48(6)). Duty was cast on the Prime Minister vide the
substituted Article 46 to keep the President fully cognisant of
the doings of his Government. [p.565]V

Article 243 [as amended by Revival of the Constitution Order
1985 and Constitution (Eighth Amendment) Act (XVIII of 1985)] —
Scope of the amendment — Appointment of all the Chiefs of Army,
Air Force and the Navy had to take place on the advice of the
Prime Minister — Chairman Joint Chiefs of Staff Committee had to
be appointed by the President in his discretion.

Prior to the amendment of Article 243 the appointment of all
the Chiefs of the Army, Air Force and the Navy had to take place
on the advice of the Prime Minister. The content of the
amendment introduced bythe Revival of the Constitution Order was
confined to one new post that was crated, that was of the
Chairman, Joint Chiefs of Staff Committee and in respect of that
newly-created post the appointing authority was made the
President and in making that appointment he was to act inhis
discretion. Throughout the world interpreting and understanding
the Constitution and legislative instruments the punctuations
are not alowed to play any decisive role. Even if they do here
the authorisation or empowering by the Parliament and the
provisions of the Revival of the Constitution Order being
confined to the post of Joint Chiefs of Staff Committee it could
not on any interpretation be extended to the other Chiefs.
[p.632]SS

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