M.Q.M. (PAKISTAN) vs PAKISTAN through Secretary Cabinet Division, Government of Pakistan art — 2022 PLD 439 SUPREME-COURT

Case information

Citation: 2022 PLD 439 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: M.Q.M. (PAKISTAN) vs PAKISTAN through Secretary Cabinet Division, Government of Pakistan art

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

M.Q.M. (PAKISTAN) VS PAKISTAN through Secretary Cabinet Division, Government of Pakistan art. 2a & Preamble---State functionaries---Public office holders---Discretion, exercise of---Scope---Constitution does not envisage unstructured, uncontrolled and arbitrary discretion being conferred by legislature on State functionary or holder of a public office---Even if, some discretion is conferred by law on a State functionary or on holder of a public office, the same has to be exercised justly, honestly, fairly, and transparently; there has to be a structured policy in the interest of uniformity even handedness, probability and fairness---Wherever the legislature devolves its authority and power to be exercised by government or any of its functionary, it has to be circumscribed by structured exercise of discretion---Entrustment of power without guidance suffers from excessive delegation, which in the scheme of Constitution is not permissible.

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