SINDH BAR COUNCIL vs State R — 2024 PLC(CS) 318 KARACHI-HIGH-COURT-SINDH

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SINDH BAR COUNCIL VS State R.3(1)---Industrial Relations Act (X of 2012), S. 53---Constitution of Pakistan, Arts. 25, 177, 193 & 199---Legal Practitioners and Bar Councils Act (XXXV of 1973), S. 9---Constitutional petition---Chairman of the National Industrial Relations Commission, appointment of---Criteria---Discrimination---Contention of the petitioners (Sindh Bar Council and several of its then office-bearers) that in terms of Arts. 177 & 193 of the Constitution, practicing advocates with relevant experience are qualified to be appointed as Judges of Supreme Court of Pakistan and the respective High Courts, however, the qualification in terms of R. 3(1) has been tailor made so as to limit eligibility to the retired judges of Supreme Court, thus the qualification is unreasonably restrictive and discriminatory violating Art. 25 of the Constitution---Held, that the R. 3(1) of the Appointment of Chairman and Members Qualifications Rules, 2016, does not give rise to a violation of Art. 25 of the Constitution or of the Industrial Relations Act, 2012, and even the scope thereof is considered to be restricted and a more expansive qualification criteria is regarded as desirable, which is a matter to be considered by the competent authority and does not of itself affect the vires of the Rule, and neither such alleged defect nor the setting aside of the Rule on that basis would even otherwise constitute a ground for the Impugned Notification to be struck down so as to displace the incumbent Chairman---Moreover albeit that S. 9 of the Legal Practitioners and Bar Councils Act, 1973, on which reliance has been placed in the present petition, envisages one of the functions of a Provincial Bar Council to promote and suggest law reforms, without presently dilating on the scope thereof---Recourse to Art. 199 of the Constitution is not necessarily the appropriate means of performing that function---Constitutional petition, being meritless, was dismissed in limine, in circumstances.

SINDH BAR COUNCIL vs State R — 2024 PLC(CS) 318 KARACHI-HIGH-COURT-SINDH

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