Sources of Administrative Law in Pakistan
Sources of Administrative Law in Pakistan
Administrative law in Pakistan governs the functioning of administrative agencies, their powers, duties, and procedures, especially regarding their interaction with citizens. The sources of administrative law in Pakistan include:
1. The Constitution of Pakistan (1973)
The supreme source of administrative law.
Provides fundamental rights, separation of powers, and judicial review of administrative actions.
Articles like 199 (High Court’s writ jurisdiction), 184(3) (Supreme Court’s suo moto powers) provide basis for judicial review.
Principles of due process, rule of law, natural justice emanate from constitutional provisions.
2. Statutes and Enabling Legislation
Laws passed by Parliament or Provincial Assemblies create administrative agencies and grant them powers.
Examples: The Civil Servants Act, 1973, The Pakistan Penal Code, The Companies Ordinance, The Income Tax Ordinance, The Competition Act, and sector-specific laws.
Administrative procedures and adjudicatory powers flow from these statutes.
3. Delegated or Subordinate Legislation
Rules, regulations, notifications, bye-laws, and orders made by administrative authorities under statutory powers.
These have the force of law but are subject to constitutional and statutory constraints.
4. Judicial Decisions (Case Law)
Pakistani courts have developed principles of administrative law through their rulings.
Judicial review, natural justice, reasonableness, legitimate expectations, and procedural fairness have been elaborated in case law.
5. Common Law Principles and Doctrines
Pakistan inherited English common law traditions.
Principles like natural justice (audi alteram partem, nemo judex in causa sua), reasonableness, proportionality, and legitimate expectation have been adopted.
6. Islamic Law and Principles
Under the Objectives Resolution and constitutional mandates, administrative actions must conform to Islamic injunctions, which influence notions of justice and fairness.
Important Case Laws Illustrating Sources of Administrative Law in Pakistan
1. PLD 1955 FC 240 (Federation of Pakistan v. Moulvi Tamizuddin Khan)
Court: Federal Court (predecessor to Supreme Court)
Source: Constitutional Law and Judicial Review
Facts:
The Governor-General dissolved the Constituent Assembly. The Assembly challenged the dissolution.
Issue:
Whether the Governor-General had the power to dissolve the Assembly under the Constitution.
Holding:
The court upheld the Governor-General’s power citing the doctrine of "necessity" and emphasized that constitutional limits on administrative powers are vital.
Significance:
One of the earliest assertions of constitutional supremacy and judicial review in Pakistan, forming the foundation of administrative law.
2. PLD 1972 SC 139 (Ameer Buksh v. The State)
Court: Supreme Court of Pakistan
Source: Principles of Natural Justice
Facts:
A civil servant was dismissed without being given an opportunity to explain.
Issue:
Whether the dismissal violated the principle of natural justice.
Holding:
The Supreme Court held that the principles of natural justice are implicit in the constitutional guarantee of due process. Every administrative decision affecting rights must follow fair procedure.
Significance:
This case established that audi alteram partem is a constitutional right under Article 4 (right to fair trial) and Article 10A (right to due process).
3. PLD 1985 SC 260 (Asghar Khan Case)
Court: Supreme Court of Pakistan
Source: Judicial Review of Administrative Actions
Facts:
Allegations of illegal funding in political processes.
Issue:
Scope of judicial review in administrative actions concerning state institutions.
Holding:
The Supreme Court asserted the power of judicial review over administrative and executive actions to ensure they comply with law and do not infringe constitutional rights.
Significance:
Reinforced the role of courts in scrutinizing administrative decisions in the interest of justice and legality.
4. PLD 1995 SC 208 (Mst. Niaz Begum v. Government of Punjab)
Court: Supreme Court of Pakistan
Source: Legitimate Expectation and Procedural Fairness
Facts:
A welfare scheme was arbitrarily changed by administration, affecting beneficiaries.
Issue:
Whether affected persons had a legitimate expectation of continued benefits.
Holding:
The Court recognized the doctrine of legitimate expectation as part of administrative law and held that authorities must act fairly and not arbitrarily frustrate lawful expectations.
Significance:
Expanded procedural fairness and protection for citizens against arbitrary administrative changes.
5. PLD 2007 SC 492 (Dr. Imran Ali v. Federation of Pakistan)
Court: Supreme Court of Pakistan
Source: Rule of Law and Abuse of Power
Facts:
Allegations of abuse of administrative power by officials in enforcement of laws.
Issue:
Whether arbitrary administrative action without due process can be sustained.
Holding:
The Court reiterated that administrative authorities must act within legal limits and respect the rule of law, protecting citizens from abuse of power.
Significance:
Reaffirmed constitutional limits on administrative powers as a source of administrative law.
6. PLD 2011 SC 42 (Pakistan Muslim League-Nawaz (PML-N) v. Federation of Pakistan)
Court: Supreme Court of Pakistan
Source: Delegated Legislation and Judicial Control
Facts:
A dispute over the validity of regulations framed by an administrative authority without proper legislative backing.
Issue:
Whether delegated legislation must conform to parent statutes and constitutional principles.
Holding:
The Court held that delegated legislation must not exceed the authority granted by the statute and must conform to constitutional standards.
Significance:
Confirmed statutory and constitutional boundaries on administrative rule-making powers.
7. PLD 2016 SC 402 (Shehla Zia v. WAPDA)
Court: Supreme Court of Pakistan
Source: Environmental Administrative Law and Public Interest
Facts:
Environmental harm caused by administrative actions of WAPDA (Water and Power Development Authority).
Issue:
The extent of administrative accountability and public participation in welfare/environmental decisions.
Holding:
The Court mandated environmental impact assessments and public consultation as part of administrative law requirements under the Constitution.
Significance:
Expanded administrative law to include environmental protection as a welfare function.
Summary Table of Sources and Corresponding Cases
| Source of Administrative Law | Case Law | Key Contribution |
|---|---|---|
| Constitution of Pakistan | PLD 1955 FC 240 (Tamizuddin Khan) | Judicial review, constitutional supremacy |
| Common Law Principles | PLD 1972 SC 139 (Ameer Buksh) | Natural justice and due process |
| Judicial Review | PLD 1985 SC 260 (Asghar Khan Case) | Judicial control of administrative decisions |
| Legitimate Expectation & Fairness | PLD 1995 SC 208 (Niaz Begum) | Protection against arbitrary changes in welfare policies |
| Rule of Law and Abuse of Power | PLD 2007 SC 492 (Dr. Imran Ali) | Limits on arbitrary administrative power |
| Delegated/Subordinate Legislation | PLD 2011 SC 42 (PML-N Case) | Control over administrative rule-making |
| Welfare and Public Interest | PLD 2016 SC 402 (Shehla Zia) | Public participation and accountability in administrative action |
Conclusion
The sources of administrative law in Pakistan are deeply rooted in the Constitution, enriched by statutory provisions, common law principles, and judicial precedents. Courts have played a vital role in shaping administrative law by ensuring:
Administrative actions comply with constitutional guarantees.
Natural justice and procedural fairness are upheld.
Delegated powers are exercised within lawful limits.
Protection of individual rights against arbitrary actions.
Expansion of administrative law into welfare, environmental protection, and public accountability.
This layered framework ensures that the administrative state functions within the bounds of law and justice.
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