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GOVERNMENT OF KHYBER PAKHTUNKHWA vs Syed SADIQ SHAH art — 2021 SCMR 747 SUPREME-COURT

Case information

Citation
2021 SCMR 747 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
GOVERNMENT OF KHYBER PAKHTUNKHWA vs Syed SADIQ SHAH art
Subject matter
Family

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GOVERNMENT OF KHYBER PAKHTUNKHWA VS Syed SADIQ SHAH art. 199---Judicial review---Scope---Policy matters of Provincial Government---Policy notification of Provincial Government to compensate employees getting disproportionate salary as compared to other employees---Whether High Court ought to interfere in policy matters of the Provincial Government under the garb of judicial review---Held, that Constitutional courts being guardians of the Constitution had the power to judicially review the executive actions and the conduct of the public authorities but the same should be on the touchstone of fairness, reasonableness and proportionality---Courts while exercising power of judicial review must not violate the right of any other organ of the state and (should) remain within the prescribed limits as disclosed in the Constitution---Each Province had its limited quota under the National Finance Commission award and the Provinces were supposed to run their affairs within the prescribed financial limits, hence, the impugned notification could be safely termed as a subject of policy to compensate the employees getting disproportionate salary as compared to other employees---Impugned notification was declared to be legal and rightly issued in accordance with law---appeal was allowed.

Other judgments reported in 2021 SCMR

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