04/04/2022
Whether Supreme Court can look in to the act/ruling of Deputy Speaker is a mix question of law and fact.
In our parliamentary democracy Parliament of Pakistan is not completely sovereign and did not possess power of omnipotence. On the other hand, Power of Judicial Review in to Legislative Actions is inherent right of Superior Legislature that can be exercised as a curative remedy mainly on grounds of such action being unconstitutional, against fundamental rights and lack of competence and bonafide. Parliament is also a creature of Constitution and it has only those powers which are conferred to it by constitution (PLD 2015 Supreme Court 401) so there is every chance that even Parliament can fumble. As regard the bar contained in Article 69 of The Constitution such bar is expressly extended to the extent of irregularity and not illegality hence the court has ample power to look in to the matter while exercising Judicial Review (PLD 1999 Karachi 54). Furthermore where interpretation of constitutional instrument is involved, the Court has every power to look in to such matter be that may Proceedings of Assembly (PLD 1989 Baluchistan 25) as it is clear that since statute contained general provision and special provision then special provision i.e. Art. 95 would have prevailed (PLD 1973 Supreme Court 49).
Every Legislative Act is subject to Judicial Review (PLD 2012 Supreme Court 923 and 2015 SCMR 1739). The Speaker is part and parcel of legislature and Speaker’s ruling has no absolute immunity (PLD 2012 Supreme Court 774, PLD 2006 Balochistan High Court 36, 1994 MLD 2500). The immunity and indemnity is a qualified one and Assembly has to conduct its business within limits prescribed by constitution (2002 YLR 2209). In this regard we can adhere to the fact that the deputy speaker went straight to issue ruling, which was not even his mandate, instead of putting it on agenda, starting discussion upon the no confidence move or voting upon it which is also a violation of law. Deputy speaker never saw the letter and conducted no inquiry in to its truth hence proving that the ruling is based upon surmises and conjectures. Thus we can safely conclude that Judicial Review of Deputy Speaker’s Ruiling is maintainable and it is likely that it be declared ultra vires of the Constitution. (1992 CLC 2043).
By Raja Shuja Ur Rehman Advocate.
