The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Per: Nazim Hussain Siddiqui, J.

(a) Constitution Pakistan (1973) Arts. 148 – 149–

It is significant to note that neither Federal Government nor Provincial Government among themselves has any dispute about the nature of said circular and both unanimously are of the view that it does not curtail the statutory power of the Provincial Government, as conferred upon it under Article 17 of the Prohibition Order. A bare study of said Article shows that the Provincial Government has absolute power in respect of the items mentioned therein. It becomes clear by perusal of Article 29 of the Prohibition Order, which lays down that this order shall have effect notwithstading anything contained in any other law for the time being in force. By a Circular, whatever its nature may be the provisions of the Prohibition Order cannot be rendered ineffective.

Articles 148/149 of the Constitution speak about the compliance of Federal Laws, which apply in the Province. The Federal Government can give a direction to the Provincial Government in respect of laws which are listed in Federal and Concurrent Legislative List. The Prohibition Order is a Provincial law and is not in conflict with any Federal Law as such no direction can be given by the Federation to the Province in respect of implementation of said law. In my case the circular is a policy decision and policy can be changed by the Government as the circumstances may require. In view of these circumstances, the cases cited by Mr. Sharifudding Pirzada are distinguishable and the dictum laid down therein would not apply to this case.[p.299]L