
P L D 1990 LAHORE 401
Per Khalil-ur-Rahman Khan, J. Constitution of Pakistan (1973), Articles 127 & 69: Articles 127 & 60 read with Article 199 — Constitutiional jurisdiction — Internal proceedings and procedure of Legislature — High Court, while exercising the powers under Article 199 has to avoid encroachment on the Constitutional preserves of other functionaries of the State — Irregularities in procedure by Legislature cannot be noticed by the Court as the Paliamentary practice authorises the Legislature to decide what it will The judiciary or the judicial department though independent is an equaal co-ordante branch of the Government and is charged with the duty and power to interpret, construe and apply the Constitution and law but in exercise of this power, the judiciary claims no supremacy over other organs of the Government e,g., the lgislature but acts only as an administrator of the public will. [p. 410] F Irregularties in procedure, in view of the provisions contained in Articles 69 and 127 cannot be noticed by the Court as the parliamentary practice authorises Legislature to decide what it will discuss and how it will settle its internal affairs and what code of procedure it intends to adopt. [p. 411] I The Assembly may even depart it is so compulsive from the rules of procedure and down by itself, and this is can do at its discretion. Such a departure will not render its responsibility to be scrutinized by any external authority for not following the rule, which is laid down by itself. These principles point out the independence of the legislature and the Assemblies. Such plenary powers are contemplated in various Articles of the STATE V. ZIA-UR-REHMAN AND OTHERS PLD 1973 49 |
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