The Constitution of Pakistan, 1973 Developed by Zain Sheikh

GHULAM JILANI

V/S

PROVINCE OF PUNJAB AND OTHERS

Per Zakiuddin Pal J,

(a) Constitution of Pakistan(1973) Art. 45, 49, 53, & 61

r/w Read with Laws (Continuance in Force) Order, 1977[C.M.L.A’s]

Proclamation of Martial Law [5th July 1977]–Assumption of office President by Chief Martial Law Administrator–Vires of statutes–Proclamation dissolving National Assembly, Senate, Provincial Assemblies and removing Prime Minister, Federal Minister, Minister of state, speaker Deputy speaker of National Assembly, Chairman of Senate etc. from their offices having been declared to be valid by Supreme Court, Such representative offices no more in existence and speaker and chairman no more holding their respective offices–Offices of Speaker of Assembly and Chairman of Senate also becoming vacant on resignation or otherwise ceasing to be members of Assembly or Senate–Speaker and Chairman being part and parcel of National Assembly and Senate, respectively, not capable of holding their respective offices after dissolution of both Houses–Speaker and chairman having also ceased to be members of respective houses after dissolution of such Houses, no more holding their respective offices–Article 49, 53, & 61 of Constitution not implementable in Circumstances and there being no further provision in Constitution to meet situation arising on resignation of ex-president, promulgation of president,s Order 13 of 1987 necessary to fill vacuum-Chief Martial Law Administrator being entitled to perform all such acts and promulgate all legitimate measures consistently required by judicial authorities as falling within scope of law necessity, president’s Order No. 13 of 1978 being an ad hoc one and extra-constitutional step for enabling Martial Law regime to achieve its declared objectives in public interest as well as for running country in orderly manner its issuance, held fully justified in circumstances. [pp. 571, 573, 583, 587]

(b) Constitution of Pakistan(1973) Art. 49, 53 & 61

r/w President’s Succession Order (P.O.13 of 1978)

Resignation of President–Acceptance–Validity of–Chief Martial Law Administrator enjoying legislative power as well as powers of Chief Executive if country, performs his duties as prime minister of country–Enjoying legislative powers Chief Martial Law Administrator, held, also holds power of Speaker of National Assembly, hence submission of his resignation by ex-president to chief martial law administrator made to a valid authority competent to accept the same. [p. 573]