IHC declares Section 7 of Finance Act null and void
Justice Arbab Muhammad Tahir issued a detailed verdict on a petition challenging the amendment made to the Auditor General Ordinance 2001 through the Finance Act.
The ruling stated that the Constitution is the supreme law of the land and all legislation derives its authority from it. If any law exceeds its given powers or contradicts a constitutional provision, it is deemed beyond legal authority (ultra vires) and unconstitutional.
The judgment further stated that parliament enacts laws within the constitutional framework and that any legislation conflicting with the Constitution or its Parent Act is rendered ineffective.
For a law to be valid, it must be logical and clear and must not contradict general legal principles or Constitution.
The ¬court ruled that by-laws could be annulled if they are enacted in violation of legal procedures, contradict other laws or go against their parent legislation. By-laws that are ambiguous, unclear, unreasonable or illogical can also be declared void.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Business Recorder
7 hours ago
- Business Recorder
NA Speaker extends olive branch as PTI stages walkout
ISLAMABAD: In a tense and tumultuous session of the National Assembly on Tuesday, Speaker Ayaz Sadiq extended an olive branch to the opposition Pakistan Tehreek-e-Insaf (PTI), urging dialogue just moments before the party staged a dramatic walkout. Presiding over the session, NA Speaker Sadiq reaffirmed his role as the custodian of the House and declared his willingness to facilitate negotiations between the government and PTI. 'Differences of opinion are the beauty of democracy,' he noted. 'But it is dialogue that ultimately serves the national interest.' Despite the appeal, PTI lawmakers stage a walkout from the House, citing ongoing grievances over what they described as infringements upon their parliamentary privileges and conviction of the party's senior leaders. The Speaker's remarks came in response to PTI leader Asad Qaiser's sharp intervention, during which he accused the government of systematically marginalising the opposition. Sadiq pushed back, asserting that 'the Constitution, law, traditions and rules apply equally to all,' and stressed the need for mutual respect and adherence to democratic norms. In a veiled reference to PTI's demands for production orders, Sadiq compared the situation with India, where opposition leader Rahul Gandhi was recently arrested without any such orders being issued. He described the National Assembly as a 'grand jirga', calling on all political actors to work constructively in support of Parliament. In one of the most startling moments of the day, Federal Minister for Law and Justice Azam Nazir Tarar revealed he had been offered Rs70 million to represent a shadowy political figure in court – a proposal he said he unequivocally rejected. The bombshell revelation came amid heated debate over judicial independence, political vendettas, and the state's aggressive pursuit of PTI leaders. The opposition PTI's Latif Khosa was especially scathing, branding the post-26th constitutional amendment period as a death knell' for both parliamentary sovereignty and judicial independence. 'The Assembly and judiciary have been buried,' he said, accusing courts of blocking access to lawyers and increasing fees to restrict justice for ordinary citizens. Tarar strongly denied any government meddling in PTI-related court cases, attributing fee hikes to Supreme Court policy. 'I was offered Rs70 million to appear against a political personality (…) I turned it down,' he stated, without naming the individual involved. As debate intensified, the chamber descended into a broader confrontation over military courts, the limits of parliamentary privilege, and the treatment of detained PTI leaders. PTI's Iqbal Afridi accused Speaker Sadiq of enabling the forceful removal of ten opposition lawmakers and issued a stark warning: 'Tomorrow, PTI's Speaker will sit here. Retribution will be harsh.' Sadiq, unshaken, responded coldly, 'This chair is temporary and it changes in the blink of an eye.' The PTI lawmakers expressed deep unrest, insisting their communities wanted peace, not renewed operations in Bajaur and other parts of Khyber Pakhtunkhwa. Minister of State for Interior Talal Chaudhry briefed the House on ongoing intelligence-based operations (IBOs) under the National Action Plan (NAP), coordinated closely with provincial authorities to combat terrorism. About the demolition of a mosque and seminary on Murree Road, Chaudhry dismissed allegations of state overreach. He stated that the relocation had been carried out after extensive dialogue with the seminary's management, not through any sudden or unilateral action. A new facility, valued at Rs140-150 million and now housing 185 students, had already been constructed. 'Mosques and seminaries are sacred to us,' he said. 'No step was taken without proper respect, dialogue and thorough documentation.' He further rejected claims of a planned overnight operation against religious seminaries in the capital as 'entirely baseless', adding that any future actions would follow legal protocols and involve consultation with religious leaders and planning authorities. A 48-hour consultation period was agreed following discussions with Jamiat Ulema-e-Islam-Fazl (JUI-F) leadership and local clerics. A final decision would be made upon the return of Interior Minister Mohsin Naqvi from abroad. In a separate intervention, Minister of State for Finance Bilal Azhar Kayani addressed longstanding concerns regarding tax exemptions in the former FATA and PATA regions. He clarified that a 10 per cent General Sales Tax (GST) had been levied only on locally produced and sold goods, while income tax exemptions remained intact. 'These regions have made tremendous sacrifices during the war on terror,' he said. 'Their preferential treatment remains a collective national responsibility.' Copyright Business Recorder, 2025
Business Recorder
9 hours ago
- Business Recorder
Sharjeel highlights constitutional guarantees for minorities
KARACHI: Sindh Senior Minister for Information, Transport and Mass Transit Sharjeel Inam Memon has said that while the green crescent flag symbolises Pakistan's independence, its white portion stands as a guarantee for the rights and freedoms of minorities. He said that Quaid-i-Azam Mohammad Ali Jinnah had stressed the importance of granting equal rights to all minorities residing in the country, a principle that is also enshrined in the Constitution. During his address in the Sindh Assembly, Sharjeel Inam Memon said that minorities in Pakistan, particularly in Sindh, have always been accorded respect, protection and representation. He said Pakistan Peoples Party (PPP) was the only political party that had given representation to minorities not only on reserved seats but also on general seats. Citing examples, he noted that Mahesh Kumar Malani, Gianchand Israni and Hari Ram were elected to general seats. Sharjeel added that the decision of the PPP leadership to send Krishna Kolhi to the Senate in her traditional attire was widely appreciated at the international level. He said 'when President Asif Ali Zardari launched the Benazir Income Support Programme, a significant number of its initial beneficiaries belonged to minority communities.' He added that in the ongoing 2.1 million housing project in Sindh, a substantial number of houses, along with ownership rights, were being allocated to minority families. He said Pakistan presented a unique example in the world where security was provided to temples, churches and other places of worship, whereas in India, minorities enjoyed no protection for their life and property. Copyright Business Recorder, 2025
Express Tribune
10 hours ago
- Express Tribune
Minorities' role in shaping Pakistan lauded in Senate
The Senate on Tuesday unanimously passed a resolution lauding minorities for their vital role in the country's development, unity, and cultural, social, and economic enrichment. The resolution, moved by Senator Danesh Kumar, noted that Quaid-e-Azam Muhammad Ali Jinnah, in his historic address on 11 August 1947, unequivocally declared that all citizens of Pakistan, irrespective of religion, caste, or creed, shall enjoy equal rights, freedoms, and protections under the law. It highlighted that this principle remains a cornerstone of the country's policy towards minorities, adding that the Constitution enshrines the fundamental rights of minorities, ensuring their freedom of religion, equality before the law, and protection against discrimination. The resolution highlighted that Pakistan is a signatory to international covenants, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which affirm the rights of minorities. It further underscored that fostering interfaith harmony, social cohesion, and inclusivity is essential for national unity and prosperity. On the occasion of the National Day for Minorities, the resolution acknowledged the invaluable contributions of minorities to the development, progress, and unity of the nation. It paid profound tribute to the minorities of Pakistan for their unwavering patriotism, sacrifices, and exemplary contributions to the country's growth. The resolution reaffirmed the Senate's unwavering commitment to safeguarding the constitutional, legal, and human rights of all minorities, ensuring their dignity, security, and equal status as citizens of the state. It appreciated and commended the Chairman Senate for the visionary initiative of establishing the Minorities Caucus in the Senate of Pakistan. This joint parliamentary forum, with representation from both the National Assembly and the Senate, aims to collectively address concerns and promote the rights of minorities.
