Before Abdul Rashid, C.J, A. Rahman and A. S. M. Akram, JJ.
KHAN IFTEKHAR HUSSAIN KHAN OF Mamdot
– Appellant
versus
THE PROVINCE OF THE PUNJAB (THROUGH THE GOVERNOR) – Respondent
Criminal Appeal No. 1 of 1950, decided at Lahore on 18th May, 1950.
Public and Representative Officers (Disqualification) Act 1949, – Whether ultra vires of Constituent Assembly of Pakistan – Independent Act, 1947S. (8)(1).
The words of subsection (1) of section 8 of the Independence Act, 1947, are that the Constituent Assembly shall enact legislation “for the purpose of making provision as to the constitution of the Domination”. The words “for the purpose of making provision as to the constitution of the Domination” are sufficiently wide to comprise all enactments which could be regarded as constitutional laws. The Act is a “constitutional law” and therefore, it falls within the purview of the works “for the purpose of making provision as to the constitution of the Dominion” as they occur in subsection (1) of section 8 of the Independence Act, 1947. [p.16.]
Section 3of the Act must be regarded as a “Constitutional Law”. An act which deprives a minister of his status as such and even prevents him from remaining a member of the Constitutional Assembly or the Legislature of the Dominion must be held to be a law made “for the purpose of making provision as to the constitution of the Dominion”. The Constituent Assembly and the Constituent Assembly alone could enact such a law. [p. 17.]
Dr. Khalifa Shuja-ud-Din, for Petitioner.
Abdul Aziz Khan, Advocate General, for Respondent.