THE Supreme Court (SC) on Thursday declared promulgation of ordinances without emergency matters as unconstitutional.
The 30-page detailed judgment authored by Justice Qazi Faez Isa held that the President and provincial governors might promulgate ordinances, but their power to promulgate ordinances is circumscribed by the Constitution.
Legislation through ordinance should be an exception but the successive governments made it a routine bypassing Parliament, which has the power and responsibility to formulate and pass laws.
Imposition of laws through ordinances is surely a clear violation of the Constitution as the Constitution is so sensitive about legislation that a piece of law approved by one house of Parliament cannot become an act until and unless it is also passed by the other house.
As against this, ordinances are drafted by some particular individuals and promulgated by one man, making a mockery of the constitutional scheme of things.
The apex court has rightly held that the President may only promulgate an ordinance in respect of (1) any matter in the Federal Legislative List, (2) when neither the Senate nor the National Assembly is in session, and (3) can only do so when circumstances exist which render it necessary to take immediate action, Similarly, the provincial governors might promulgate an ordinance in respect of (1) any matter which is not mentioned in the Federal Legislative List, when the provincial assembly concerned is not in session, and (3) can only do so when ‘circumstances exist which render it necessary to take immediate action.
The verdict also pointed out that laws are made for the people, therefore, their participation through their representatives in the making of laws is not only essential but a stipulated constitutional requirement.
The judgement is, in fact, re-emphasizes the universally accepted principle of supremacy of Parliament and therefore, political governments should implement it in letter and in spirit.
