BADSHAH GUL WAZIR versus GOVERNMENT OF KHYBER PAKHTUNKHWA
Arts 69 and 1993 High Court scope Constitutional jurisdiction to struggle to prevent legislature / legislation by court Grounds and rules The court cannot sit in judgment on the wisdom of the legislature and cannot strike it On two grounds, namely the lack of legislation. The qualification and infringement of any of the fundamental rights guaranteed in the Constitution or any other constitutional clause was always in favor of the Constitution (of any Legislature) and no law was declared unconstitutional, The matter may not be so clear. It is free from doubt and, on the basis of the above two grounds, any kind of enforcement cannot be abolished merely by saying that it was arbitrary and illegal or that the court considers that this unlawful stimulus of the Legislature. Which is in passing a law. Together with the courts, there can be no irregularities in the procedure under Article 69 of the Constitution, nor can the courts examine whether the legislature had or not applied its mind to the provisions of any law before obeying a law. The justification and requirement of the legislation was to be determined by legislative authority, not in the courts where the authenticity of the law was questioned and had two interpretations. The law should be given priority over the other, which will make it void
Related judgments — Peshawar High Court NWFP, 2014
