The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Per Tassaduq Hussain Jilani, J.

(a) Constitution of Pakistan, 1973 Articles 8 & 199

The power of judicial review of a legislative action has not been specifically granted to this Court under the Constitution but eh Courts have assumed this power through interpretation of various Constitutional provisions. However, this Court sitting in Constitutional jurisdiction cannot examine the wisdom of legislative authority. [p. 1082]A

(b) Constitution of Pakistan, 1973 Articles 25 & 199

An act of the Parliament or an order passed or a notification issued under the delegated legislation can be subjected to judicial review if the same is ultra vires of the Constitution, law or is otherwise unreasonable. There is rules have been framed in derogation to any guaranteed fundamental rights or are in conflict with ac Act or are unreasonable. Learned counsel for the petitioner tried to establish mala fides by submitting that only one candidate i.e. respondent No. 4 was recommended by the Public Service Commission and this would be ample proof that the rules were framed just to accommodate him. [p. 1083]B

(c) Constitution of Pakistan, 1973 Articles 8 & 199

So far as the question of mala fides is concerned, nothing has been shown in the petition or during the arguments to warrant to findings that the requisition for amendment in rules was initiated at the behest of respondent No. 4. The mala fide is to be alleged with a particularity and not through vague generalizations. It is to be noted that in the original writ petition, respondent No.4 was not even impleaded as a party and no allegations were leveled against him. Respondent No. 4 became a party after moving an application before this Court. If the thrust of the arguments or the grievance was that the entire exercise of amendment was made to accommodate respondent No. 4 he ought to have impleaded him as a party or some allegations should have been leveled against him in the body of the original unamended petition. In absence of that there is no material to justify such c conclusion. [p. 1083]C