HUMAN RIGHTS COMMISSION OF PAKISTAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Economic Affairs,

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HUMAN RIGHTS COMMISSION OF PAKISTAN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Economic Affairs, Islamabad arts. 18 & 199---Policy for Local NGOs/NPOs Receiving Foreign Contributions-2022---Constitutional petition---Policy---Sanction of law, absence of---Effect---Regulation of trade and profession---Petitioners assailed Policy for Local NGOs/NPOs Receiving Foreign Contributions 2022 on the ground that it failed to meet requirements of art. 18 of the Constitution and Federal Government/Federal Cabinet lacked requisite legislative authorization for the purposes of framing the Policy---Validity---Constitutional scheme does not envisage exercise of legislative powers by Federal Cabinet, unless such power/authority is exercised under authority of Legislature---act of policy making, in absence of legislative authorization, manifests encroachment in legislative domain vis-a-vis the requirements prescribed under qualifying provision of art. 18(a) of the Constitution---No prerogative/ authority can be extended to Federal Cabinet to curtail fundamental rights through executive action, upon framing of policy, unless such action is backed by law---assumption and exercise of powers, without legislative authorization, for regulation of trade through licensing system in the garb of art. 18(a) of the Constitution, constitutes patent abuse of executive authority and violation of constitutional scheme of trichotomy of powers---Policy under reference could not be elevated to the status of law and Federal Cabinet could not claim concurrent powers with the legislature for the purposes of art. 18(a) of the Constitution---Policy in question failed to meet the conditions prescribed for encumbering qualified rights, extended in terms of art. 18(a) of the Constitution---High Court declared Policy for Local NGOs/NPOs Receiving Foreign Contributions-2022 as unlawful, invalid and of no legal effect---Constitutional petition was allowed, in circumstances.

HUMAN RIGHTS COMMISSION OF PAKISTAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Economic Affairs, Islamabad arts — 2025 PLD 7 LAHORE-HIGH-COURT-LAHORE

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