The Constitution of Pakistan, 1973 Developed by Zain Sheikh

syed JALAL MEHMOOD SHAH AND ANOTHER

V/S

FEDERATION OF PAKISTAN

Per Ajmal Mian, C.J.

(a) Constitution of Pakistan (1973) Art 106

Part IV, Chaps, 2 & 3 (Arts. 106 to 140)—Provincial Assemblies and Provincial Governments—Rules of Procedure of the Provincial Assembly of Sindh—Constitutional functions assigned to Provincial Assembly enumerated—Office of the Speaker is since que non for functioning of an Assembly.

The Provincial Assembly has been assigned various Constitutional functions, namely:

(i)        to legislate,

(ii)    to pass annual budget,

(iii)    to regulate the formation and continuation of a Provincial elected Government,

(iv)    to act as a forum for accountability of the elected Provincial Government in power.

By virtue of Article 108 of the Constitution read with Rule 7 of the Rules of Procedure of the Provincial Assembly of Sindh, it is mandatory that after a general election, a Provincial Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its Members a Speaker and a Deputy Speaker and so often as the office of speaker of Deputy peaker becomes vacant. This has been mandated as the speaker performs pivotal role in the functioning of the Provincial Assembly as is evident from the Various rules of the Rule discussed hereinabove. The office of the Speaker is sine qua non for functioning of an Assembly. [p.438] G

(b) Constitution of Pakistan (1973) Arts. 232 to 237

—Part X [Arts, 232 to 237]—Emergency provisions—Provision of Art. 236(2) of the Constitution will not cover a Proclamation which is without jurisdiction, coram non judice or mala fide—Superior Courts have jurisdiction to examine a Proclamation from the said three jurisdictional legal aspects. [p. 443] L

Per: Munawar Ahmed Mirza, J.

(b) Interpretation of Constitution (INT)

—Principles—Redundancy cannot be attached to any word or portion of particular provision of Constitution nor meaning could be assigned by importing words from other portions especially when in the same context Legislators have consciously omitted them. [p. 472] DD