SHAHTAJ SUGAR MILLS LTD. vs GOVERNMENT OF PAKISTAN Scope — 2024 PTD 1238 SUPREME-COURT

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

SHAHTAJ SUGAR MILLS LTD. VS GOVERNMENT OF PAKISTAN Scope---Organs of State---Object, purpose and scope---Constitution has clearly set out limits for each organ of the State---Crossing such limits amounts to encroaching upon domain of the other and consequently breaching provisions of supreme law---Making law falls exclusively within the domain of the Legislature---Judicial branch has no jurisdiction to promulgate laws---Stringent rules and principles have been laid down in such context of exercise of power of judicial review, relating to examining vires of law promulgated by Legislature---Foundational rule of interpretation is a presumption in favour of constitutionality---Burden to prove that promulgated law is invalid is on the person who challenges its vires---Law should be saved rather than destroyed and the Courts must lean in favour of upholding constitutionality of legislation---Function of Legislation is exclusive prerogative of the Legislature---Wisdom of the Legislature to promulgate a law and to achieve a particular object and purpose cannot be questioned---It is presumed that laws have been legally, validly and Constitutionally promulgated on the basis of its competence---Courts have no jurisdiction or power to rewrite laws and the Constitution---Promulgated laws or its provisions cannot be struck down lightly and it is duty of Courts to make every possible effort to reconcile statute to the Constitution and to strike it down when it becomes impossible to do so---Courts are not empowered to strike down a law or its provision on higher ethical notions or on the basis of philosophical concepts and no mala fide can be attributed to the Legislature---It is duty of Courts to give effect to the scheme of representative governance of the State which is the foundation and edifice of the Constitution is built on it---Supreme Court has laid down stringent and narrow grounds in the context of striking down a law or a provision while exercising power of judicial review.

SHAHTAJ SUGAR MILLS LTD. vs GOVERNMENT OF PAKISTAN Scope — 2024 PTD 1238 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 PTD