The Governor-General’s power of dissolution was withdrawn because the Independence Act did not permit him to dissolve the Constituent Assembly …
Despite its secular and democratic roots, Pakistan is a country where constitutional freedoms have been suppressed and coups, corruption and cronyism have prospered. Unsurprisingly, because it fell prey to dictatorship shortly after Independence, the country is often labelled a “failed state”. Perhaps somewhat ironically, over and above the grim reigns of despots like Ayub, Yahya and Zia, the demise of democracy in Pakistan is directly attributable to the judiciary. On the other hand, the decision in Maulvi Tamizuddin Khan (Petitioner) v Federation of Pakistan (Respondent No.1) & Others (Respondents) 1954 SHC 81 is an example of an early landmark judgment which set a different standard (analysed in detail below) for upholding the rule of law. To the people of Pakistan, who are damned by oppression, even six decades later, it symbolises what could have been a much brighter future.
Indeed, to this day, if anything, our indulgence in the Sind Chief Court’s rationale repays freedom and the rule of law which were shortchanged when this meticulous judgment was deplorably reversed by Muhammad Munir CJ in Federation of Pakistan v Maulvi Tamizuddin Khan PLD 1955 FC 240 where he sinfully held that the Governor-General’s assent was necessary to all laws passed by the Constituent Assembly. Continue reading
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