This judgment clearly shows the importance of act when it is passed by both houses of the legislature..
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) |
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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 purpose of making provision as to
the constitution of the Dominion" are sufficiently wide to 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 Independence Act, 1947. |
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