SHAHTAJ SUGAR MILLS LTD. vs GOVERNMENT OF PAKISTAN through Secretary Finance art — 2024 SCMR 1656 SUPREME-COURT

Case information

Citation: 2024 SCMR 1656 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: SHAHTAJ SUGAR MILLS LTD. vs GOVERNMENT OF PAKISTAN through Secretary Finance 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

SHAHTAJ SUGAR MILLS LTD. VS GOVERNMENT OF PAKISTAN through Secretary Finance art. 50---Majilis-e-Shoora (Parliament)---Powers and limitations---Delegation of powers---Principle---Majilis-e-Shoora (Parliament) is a creation of the Constitution, therefore, it cannot exceed boundaries expressly set out therein---Power to exercise legislative authority expressly provided under the Constitution cannot be abdicated by the Legislature by way of delegation---Essential legislative functions cannot be delegated beyond reasonable limits because doing so would be in violation of the Constitution---Legislature being the creation of the Constitution, does not inherently possess absolute legislative power but the same can only be exercised in conformity with the powers granted by the Constitution---Legislature determines legislative policies and sets out principles and standards for guidance of delegated authority---Fundamental legislative responsibility cannot be delegated---Delegation must adhere to certain constraints---General principles set out for exercising power of legislation are met by Majlis-e-Shoora (Parliament) and once that has been done, delegation of authority is confined to making subordinate legislation or to attend to other matters of administration and details---Primary functions expressly stated in the Constitution have to be fulfilled by the Legislature itself while the latter may delegate ancillary and incidental functions to an outside agency or authority.

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