Issuing ordinance without emergency situation violates Constitution: SC
The IHC had ruled against Ministry of Interior Employees Cooperative Housing Society encroaching a land allocated for a state-owned college. PHOTO: AFP/FILE
In a landmark judgement, the Supreme Court has ruled that the issuance of ordinance without any emergency situation is a violation of the Constitution.
In a 30-page verdict issued on Thursday, the top court said the president or governors cannot promulgate ordinance without satisfying constitutional requirements.
Every word of the Constitution must be implemented in letter and spirit and the procedure for issuing the ordinance is mentioned in the Constitution, read the 30-page verdict authored by Justice Qazi Faez Isa.
The apex court said in the verdict that in democratic countries, the people express their views through elected representatives and the legislative process must ensure that the rights of the people are not violated.
Legislation through parliament strengthens the people and the federation and violation of the Constitution is disrespectful towards the people and is “destructive,” read the apex court judgement.
Also read: Top court says issuing ordinance ‘undemocratic’
Article 89 which deals with the power of the president says: “The president may, except when the (Senate or) National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an ordinance as the circumstances may require.”
Last year, the Islamabad High Court (IHC) noted that the PTI government's decision to introduce the electronic voting machines (EVMs) or to bring about changes in the High Education Commission (HEC) should be routed through parliament rather than through ordinances.
“An ordinance can be passed only in an emergency situation when a law is needed to be imposed immediately and the parliament is not in session,” IHC Chief Justice Athar Minallah had said as the head of a division bench hearing a slew of petitions filed against the PTI government’s ordinances.
The chief justice observed that it is necessary to view the condition under Article 89 of the Constitution which set guidelines for issuance of presidential ordinances.