PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law an

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

PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad arts. 5, 17(2), 95 & 184(3)---Resolution for vote of no-confidence against the Prime Minister---Deputy Speaker of National assembly gave a ruling under article 5 of the Constitution to dismiss/reject the pending RNC and consequently did not allow voting on the same on the basis that the RNC was linked with and had nexus with efforts of a foreign State to bring about change of Government in Pakistan---Suo motu proceedings and Constitutional petitions under article 184(3) of the Constitution challenging the actions of the Deputy Speaker---Maintainability---In the present controversy the fundamental right that had prima facie been violated and therefore required enforcement was article 17(2) of the Constitution---Formulation of article 17(2) enshrined the crucial democratic principle of Parliamentary Government---Fundamental principle that the 'powers and authority' of the State were to be exercised by a Government that was formed, run and maintained by the support of the majority of the directly elected representatives of the people in the National assembly functioning within the political party system was permanently entrenched in the Constitution---People of country, therefore, could not be deprived of their right to be governed by their chosen representatives---any digression from the constitutional process of forming a representative Government eroded the rule of law thereby endangering the cherished values promised to the people of the country by the Constitution---Therefore, the summary dismissal of the resolution for vote of no-confidence by the Deputy Speaker on which basis the President, whilst following the advice of the Prime Minister, dissolved the National assembly prima facie contravened not only the express command of article 95 of the Constitution but also repudiated the rule of law which was an indispensable foundation of parliamentary democracy envisaged by the Constitution---Deputy Speaker's ruling and the actions of the Prime Minister and the President defeated the right of the Opposition Parties to test their voting strength in support of the resolution for vote of no-confidence, and if successful, to form the next Government in exercise of their fundamental right under article 17(2) of the Constitution---Combined actions of the Deputy Speaker, Prime Minister and President left the public at large without an elected Legislature and Executive, creating a constitutional crisis in the country---Political void in governance and uncertainty that ensued affected every single citizen of the country, all of whom were caught in the turmoil that loomed large in the country---In such circumstances the ruling of the Deputy Speaker and the subsequent actions of the Prime Minister and President prima facie infringed the fundamental rights of the Opposition Parties and the public at large---Constitutional petitions and suo motu notice/proceedings were therefore maintainable under article 184(3) of the Constitution.

PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad arts — 2022 PLD 574 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 PLD