MIRPURKHAS SUGAR MILLS LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice "Pith and substance", principle of — 2022 CLD 352 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLD 352 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLD
Parties: MIRPURKHAS SUGAR MILLS LIMITED vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice "Pith and substance", principle of

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

MIRPURKHAS SUGAR MILLS LIMITED VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice "Pith and substance", principle of---Applicability---Stretching of meaning---Limit---Constitution is a living and organic document prone to evolve and adapt to new circumstances even if it is not formally amended---Courts are required to adopt a broad based, dynamic, and progressive approach---Words either in the entries or in any provision of the Constitution are to be given a dynamic interpretation in keeping pace with development of society and exigencies of time---Entries do not confer any legislative power but only point out to the broad fields/legislative heads in which legislative powers can be exercised---Words have to be given ordinary, grammatical and natural meaning and cannot be construed in a narrow or pedantic manner---Limit to which a word can be stretched for a meaning is determined by the principle of 'pith and substance'---Pith detonates 'essence of something' or the 'true nature', while substance means 'most significant or essential part of something'---As such the doctrine is applied to ascertain purpose of a given law, its essential character and whether subject matter legislated on is related to Federation or not---By applying the doctrine, basic purpose and effect of the law are discovered and so also so the fact as to which level of government has jurisdiction or authority to frame the law---It can also be found out whether legislation, under challenge, made by one of the Legislatures, is rightly enacted or it has trespassed or encroached upon domain of other Legislature---By applying the doctrine, it can be determined whether or not Parliament has the authority to deal with a given subject.

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