PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

PAKISTAN TEHREEK-E-INSAF (PTI) vs ELECTION COMMISSION OF PAKISTAN art — 2024 PLD 1 ISLAMABAD

Case information

Citation
2024 PLD 1 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
PLD
Parties
PAKISTAN TEHREEK-E-INSAF (PTI) vs ELECTION COMMISSION 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

PAKISTAN TEHREEK-E-INSAF (PTI) VS ELECTION COMMISSION OF PAKISTAN art. 199---Judicial review---Scope---administrative tribunal---When Constitutional Court in recognition of scheme of separation of powers prescribed by the Constitution exercises self-restraint in relation to decision of another constitutional body, such deference is rooted in giving effect to the will of the Constitution---While even in such cases, it remains for the Constitutional Court to decide legal limits of power being exercised by another constitutional body, as interpretive function has been conferred by the Constitution on judiciary within our scheme of separation of powers and judicial review of actual decision of another constitutional body is undertaken on a differential basis---Courts defer to evaluation of facts by administrative agencies---In exercise of judicial review powers, Courts cannot second-guess factual determination made by administrative agencies when the law and the Constitution empower them to make such determinations---This does not mean that Court never exercises judicial review power when it comes to decisions of constitutional bodies such as Election Commission of Pakistan---Jurisdiction to do so is well settled and Court exercises its discretionary jurisdiction hesitantly while applying differential scope of review to correct errors of law and does so at appropriate time.

Other judgments reported in 2024 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English