The Constitution of Pakistan, 1973 Developed by Zain Sheikh

RAHIM BUX P. MUNSHI

V/S

PAKISTAN AND ANOTHER

(a) Constitution of Pakistan (1962) Arts. 131 & 135

Executive authority of Central Government—Extends only to matters falling within exclusive legislative powers of Central Legislature under cl. (1) of Art. 131—Such authority does not per se extend to such laws as Central Legislature may frame under cl. (2) of Art. 131 except when law framed purports to be administered by Central Government—Constitution of Pakistan (1962), Art. 135(b).

It is obvious from a perusal of Article 135 of the constitution of Pakistan (1962) that the executive authority of the centre extends to only those matters with respect to which the Central Legislature has exclusive power to make laws under clause (1) of Article 131. This executive authority does not per se extend to those laws which the Central Legislature may frame in exercise of the powers under clause (2) of Article 131. The Central Government may however extend its executive authority to those subjects in respect whereof the Central Legislature may legislate under Article 131(2) provided, however, that the law so framed recites that it shall be administered by the Central Government. [p. 844] K

(b) Constitution of Pakistan (1962) Art. 136 & Sched. III

Read with Schedule and Industrial Disputes Ordinance (LVI of 1959), S. 7 —Labour disputes on ceasing to be centrally administered subject by virtue of Sched. III of Constitution of Pakistan (1962), appointment by Central Government of a Chairman under S. 7 of Industrial Disputes Ordinance, 1959, after enforcement of Constitution Act, held, not valid. [pp. 843, 844, 845] J, L & N