Who Was the Legal Framework Order

A brief history in the constitutional game Pakistan`s judiciary withdrew from political actors even before the constitution. Before the first constituent assembly, established by the Independence Act of 1947, could promulgate a constitution, it was dissolved by the Governor-General in 1954; The law was challenged and the Sindh High Court ruled that it was illegal, but the decision was overturned by the Federal Court. The Constituent Assembly was re-established in 1955 and promulgated the first constitution in 1956. In 1958, however, the imposition of martial law undermined the status of the constitution. When the case went to the Supreme Court, he again gave the military the green light by declaring that the effect of martial law was to suspend the constitution and the existing legal order. The new president, General Muhammad Ayub Khan, was free to take full control and introduce a new constitution in 1962. No court, tribunal or other authority may challenge the declaration of emergency of 14 September 1999 or any other order made pursuant to this Regulation. No judgment, decree, pleading, order or proceeding may be made or given by any court or tribunal against the Chief Executive or any other authority designated by him. Since the Supreme Court delegated these powers to the government, it is now very difficult to question their legal legitimacy. However, some jurists are of the opinion that the Supreme Court cannot delegate such powers to a person, since only the elected representatives of the people can exercise them. It should also be added that the court reserved the right of higher courts to judicially review the actions of the armed forces, including the declaration of a state of emergency, if deemed necessary. Then, on 25 January 2000, the Oath of Office (Judges) Ordinance was promulgated, with the intention that judges take a new oath to continue serving.

The reproduction of the relevant provisions of this Ordinance will provide a better understanding of how a policy of segregation of undesirable judges was introduced by the Government: Considering that the people of Pakistan have the will to restore order: (2) A judge of the Supreme Court appointed after the coming into force of the Ordinance shall take an oath before taking office in the form set out in the Annex. “(6) If a seat reserved for women or non-Muslims in the National Assembly or in a provincial assembly becomes vacant as a result of the death, resignation or disqualification of a member, it shall be filled by the following person in order of rank on the list of candidates of the party submitted to the Electoral Commission for the last general election by the political party whose member left that seat. President Ayub Khan has called on Army Chief of Staff General Yahya Khan to apply martial law in the country. When General Yahya Khan became president, he bowed to popular demands by abolishing the unity system in West Pakistan and ordering general elections based on the principle of “one man, one vote”. [17] [18] Naeem Shakir, lawyer, Lahore High Court, Pakistan The Legal Framework Ordinance, or LFO as it is commonly known, has been criticized inside and outside Pakistan for the amendments it made to the 1973 Constitution in 2002, although it is only the latest in a seemingly endless series of challenges and amendments to the Constitution. Indeed, the current military ruler, General Pervez Musharraf, took power in 1999 from an elected government that single-handedly made 29 constitutional amendments. However, the LFO gained notoriety by institutionalizing the military`s role in national politics and administration, allowing one person to be both chief executive and president. Parliament cannot pass laws that might be repugnant or unconstitutional, but the constitution itself can be amended by a two-thirds majority in both houses of the bicameral parliament, unlike earlier legal documents from 1956 and 1962. [7] It has been modified over time, and the recent momentum for policy reassessments and reforms has changed. Although Pakistan came into force in 1973, it celebrates the adoption of the constitution every year on March 23 – when the first sentence was promulgated in 1956 – as Republic Day. [8] Technically, there are 26 amendments, but 23 amendments were made to the Constitution and three were not adopted by Parliament because all three amendments collapsed.