h1

P L D 1997 SC 84

AL-JEHAD TRUST THROUGH RAEES-UL-MUJAHIDIN
HABIB AL-WAHABUL KHAIRI

V/S

FEDERATION OF PAKISTAN


Frame (5)
Per Raja Afrasiab Khan, J.

(a) Constitution of Pakistan (1973), Articles 62, 63, 46, 48 & 91

In other words, he/she (Prime Minister) will be the leader of the chosen representatives as has been mentioned in Article 2A. He will thus represent the will of the people shall fulfil all the qualifications having been mentioned in Article 62 of the Constitution. In case, any one or some of them, is/are hit by any of the disqualifications under Article 63, he/they will be declared to have lost his/their membership or shall be disqualified from being elected as member of the Parliament by the competent Authority. The Prime Minister has also been held not to be subordinate or inferior to the President in the landmark judgment of this Court reported as Mian Muhammad Nawaz Sharif v. Federation of Pakistan etc. PLD 1993 SC 473. [p. 254, 255] MMM & NNN

(b) Constitution of Pakistan (1973), Article 91

Article 91 of the Constitution illustrates that there shall be a Cabinet of Ministers, with the Prime Minister at its head to aid and advise the President in the exercise of his functions. Provisions of Article 91 have further reiterated/confirmed the powers to be exercised by the Prime Minister to run the affairs of the Federation in his/her own rights. This may be possible only where there is Parliamentary form of Government. In the Presidential system of Government, all the powers will vest in the President. The Prime Minister, if any, in such a system, has surely a second role to play and that too, under the supervision and control of the President who is, in fact, the fountain head of all the State powers. This question was somewhat discussed to show that system prevailing in Pakistan is Parliamentary. Mian Muhammad Nawaz Sharif’s case (supra) in support of this plea, may usefully be referred. [p.255] PPP

There can be no doubt about the proposition that in a pure Parliamentary system of Government, Chief Executive shall always be the Prime Minister. A question of law which has been sent to this Court to obtain its opinion is “whether or not the President of Pakistan is bound by the advice of the Prime Minister rendered to him under Article 48(1) of the Constitution in respect of appointment of Judges”. [p. 256] QQQ

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: