Monday, 2 September 2013

Act is considered a constitutional law

This judgment clearly shows the importance of act when it is passed by both houses of the

Citation Name : 1950 PLD 15 FEDERAL-COURT-OF-PAKISTAN

Side Appellant :KHAN IFTEKHAR HUSSAIN KHAN OF MAMDOT

Side Opponent : THE PROVINCE OF THE PUNJAB (THROUGH THE GOVERNOR)

india n Independence Act 1947 Public and Representative Offices (Disqualification) Act 1949-Whether ultra vires of Constituent Assembly of Pakistan-Independence Act, 1947, S. (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 Dominion". The words "for the

of the

to the constitution

as

provision

of making

comprise all enactments which could be regarded as constitutional laws. The Act is a "constitutional law" and, therefore, it fall s within the purview of the words "for the purpose of making provision as to the constitution of the Dominion" as they occur in subsection (1) of section 8 of the Independance act, 1947