Saturday, 4 August 2012

Act is considered a constitutional law


This judgment clearly shows the importance of act when it is passed by both houses of the legislature..




Citation Name  : 1950  PLD  15     FEDERAL-COURT-OF-PAKISTAN
  Side Appellant : KHAN IFTEKHAR HUSSAIN KHAN OF MAMDOT
  Side Opponent : THE PROVINCE OF THE PUNJAB (THROUGH THE GOVERNOR)




india n Independence Act 1947 Public and Representative Offices (Disqualification) Act 1949-Whether ultra vires of Constituent Assembly of Pakistan-Independence Act, 1947, S. (8) (1). The words of subsection (1) of section 8 of the Independence Act, 1947, are that the Constituent Assembly shall enact legislation "for the purpose of making provision as to the constitution of the Dominion". The words "for the purpose of making provision as to the constitution of the Dominion" are sufficiently wide to comprise all enactments which could be regarded as constitutional laws. The Act is a "constitutional law" and, therefore, it fall s within the purview of the words "for the purpose of making provision as to the constitution of the Dominion" as they occur in subsection (1) of section 8 of the Independence Act, 1947.

No comments:

Post a Comment

Contact International Lawyer

If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880