Settling a legal question: As chancellor, governor needs not seek CM’s advice, says SC
Revisional powers mean that the chancellor may call for and examine the record of any proceedings
A file photo of the Supreme Court of Pakistan. PHOTO: EXPRESS
ISLAMABAD:
The apex court has declared that a governor while acting as a university chancellor is not bound to seek advice from a chief minister.
The Supreme Court’s five-judge bench, headed by Chief Justice Anwar Zaheer Jamali, has issued a ruling on the legal question about the need of a chancellor to seek advice of the chief minister while exercising his powers under Section 11-A of the University of Punjab Act, 1973.
“By majority of four to one, the chancellor while exercising revisional powers… is not required to seek advice of the chief minister,” said the order.
Revisional powers mean that the chancellor may call for and examine the record of any proceedings in which an order has been passed by any authority for the purpose of satisfying himself as to the correctness, legality or propriety of any order and may pass orders as he may deem fit.
Authoring the main judgment, Justice Amir Hani Muslim observed that there are exceptions where the governor, being the nominee of the president, is not required to follow advice of the CM or where the power has been conferred on the governor to act independently or under the Constitution.
The judgment referred to section 11(8) of the Act and held that the chancellor will apply his mind and decide the appeals or revisions independently.
However, the SC’s senior most judge, Justice Mian Saqib Nisar, wrote a dissenting note and observed that under the law, the chancellor would be bound by the advice of chief minister in the performance of the former’s functions.
Published in The Express Tribune, May 22nd, 2016.
The apex court has declared that a governor while acting as a university chancellor is not bound to seek advice from a chief minister.
The Supreme Court’s five-judge bench, headed by Chief Justice Anwar Zaheer Jamali, has issued a ruling on the legal question about the need of a chancellor to seek advice of the chief minister while exercising his powers under Section 11-A of the University of Punjab Act, 1973.
“By majority of four to one, the chancellor while exercising revisional powers… is not required to seek advice of the chief minister,” said the order.
Revisional powers mean that the chancellor may call for and examine the record of any proceedings in which an order has been passed by any authority for the purpose of satisfying himself as to the correctness, legality or propriety of any order and may pass orders as he may deem fit.
Authoring the main judgment, Justice Amir Hani Muslim observed that there are exceptions where the governor, being the nominee of the president, is not required to follow advice of the CM or where the power has been conferred on the governor to act independently or under the Constitution.
The judgment referred to section 11(8) of the Act and held that the chancellor will apply his mind and decide the appeals or revisions independently.
However, the SC’s senior most judge, Justice Mian Saqib Nisar, wrote a dissenting note and observed that under the law, the chancellor would be bound by the advice of chief minister in the performance of the former’s functions.
Published in The Express Tribune, May 22nd, 2016.