law gat lecture|molvi tameez ud din case|leading cases law gat|law gat 2024
Автор: Khadija Walayat
Загружено: 2024-10-15
Просмотров: 178
law gat lecture|molvi tameez ud din case|law gat 2024
In this lecture we are going to discuss the
Molvi Tamizuddin Khan case (1955) which was a landmark judgment in Pakistan's constitutional history:
Case Background:
Molvi Tamizuddin Khan, the Speaker of the Constituent Assembly of Pakistan, challenged the dissolution of the Assembly by Governor-General Ghulam Muhammad in 1954.
Point of controversy:
1. Conflict between the Governor-General's powers and the Assembly's authority.
2. Validity of the Governor-General's dissolution order.
Judgment: gy
The Federal Court of Pakistan, led by Chief Justice Muhammad Munir, ruled in favor of the Governor-General, upholding the dissolution.
Reasoning:
1. Doctrine of Necessity: The court invoked the doctrine to justify the Governor-General's actions as necessary to prevent constitutional deadlock.
2. Limited Parliamentary Sovereignty: The court held that the Assembly's authority was not absolute and could be overridden by the Governor-General in exceptional circumstances.
Impact:
1. Established judicial review of executive actions in Pakistan.
2. Set precedent for future power struggles between the executive and legislature.
3. Shaped Pakistan's constitutional evolution, influencing subsequent legal and political developments.
This case marked a significant turning point in Pakistan's constitutional history, defining the balance of power between institutions and shaping the country's legal framework.
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