(Hasher Ahsan) The Supreme Court issued a written judgment on Parliament’s legislative power, a 41-page judgment in the tax case was written by Justice Mansoor Ali Shah.
According to the written judgment issued by the Supreme Court, the power of Parliament to legislate is subject to the limits given in the Constitution, Article 142 empowers the Parliament and the Provincial Assemblies to legislate. Applicability, retroactive application of laws is subject to the constitution, the word subject to the constitution clearly means that legislation is possible only within the limits given in the constitution.
The written judgment of the Supreme Court further stated that the Constitution prohibits the Parliament from abrogating the rights given in Article 9 and 28. According to Article 12, laws cannot be applied retroactively in criminal cases, only unconstitutionality. Legislation on criminal matter related to the past can be made from the past, Parliament and Provincial Assemblies do not have the power to implement civil rights from the past.
The court decision said that the rights of the parties may be affected by the application of the law in the past. How is the application possible? Courts have to understand that cases that have been finalized by the application of laws in the past can be reopened.
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According to the written decision, the more unjust the role of the legislature should be, the more clear the role of the legislature should be. is terminated, retroactive application is possible only of those laws which do not abrogate previously granted rights.
It should be noted that the court partially approved the appeals of the private companies while annulling the decision of the Sindh High Court.
2024-09-21 14:03:29