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MIR MUHAMMAD IDRIS versus FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF FINANCE


Articles 184 (3) of the Banks (Nationalization) Act (XIX of 1974), section 11 (3) (d) [as amended by the Finance Act (IV of 2007)], Arts 70, 73 (2) and 184 (3) ) The petitioner's complaint under the Finance Bill was that for the fifth time after the amendment of section 11 (3) (d) of the Banks (Nationalization) Act of 1974, the re-appointment of the President of the National Bank, the Finance Act. , 2007 was validated after a bill or amendment. Under Article 73 (2) of the Constitution, this mini-bill was considered if it included all matters involved in sections (a) to (g) of paragraph 2 of Article 73 of the Constitution or the appointment of the Chairman, the President. There are provisions. And other members of the Board of National Bank of Pakistan did not fall under the scope (a) to (g) of Article 73 (2) of the Constitution Amendment of Rule 11 (3) (d) of the Banks (Nationalization) Act, 1974. , Could not be introduced by the Finance Act, 2007, because it lacked the constitutional requirement envisaged by Article 70. The amendment to section 11 (3) (d) of the Banks (Nationwide) Act, 1974, through the Finance Act, 2007, as approved by the Constitution, was unconstitutional and illegal. The appointment of the president was unconstitutional and illegal. Illegal legislation will not be ineffective because the grounds on which its superculture demonstrated resilience were removed.

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