SYED SAAD ALI vs FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY — 2026 SCMR 22 SUPREME-COURT

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SYED SAAD ALI VS FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY. Ultra vires, doctrine of---Scope---Constitutionality of any law, rules or regulations---Judicial scrutiny. The constitutionality of any law, rules or regulations can be scrutinized and examined by the Courts and such law can be struck down if it is found to be offending the Constitution due to absence of law-making competence, lack of jurisdictional authority or violation of fundamental rights guaranteed under the Constitution. Held: The vires of law, rules or regulations can be called into question where the provisions thereof are ex facie discriminatory or beyond the authority conferred by the Constitution or the parent statute. However, there exists a presumption in favour of constitutionality of legislative enactments unless the impugned provision is clearly and manifestly violative of a constitutional provision. The doctrine of ultra vires empowers Courts to examine whether the Legislature or delegated authority has acted within the limits of powers conferred upon it. Where an enactment is found to be beyond legislative competence, without lawful authority or inconsistent with fundamental rights, the Courts may declare such provision invalid. At the same time, Courts are required to exercise restraint and must not invalidate legislation merely on the basis of a possible doubt or because another policy choice may appear preferable. The Supreme Court reiterated that actual proof of discriminatory treatment is not always necessary where a provision is ex facie discriminatory; however, the constitutional validity of legislation is presumed until the contrary is established.

SYED SAAD ALI vs FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY — 2026 SCMR 22 SUPREME-COURT

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