Islamabad:
The Superior Court of Islamabad (IHC) declared that Section 7 of the 2015 Void Ab Initio Finance Law declared that contradictory to the Constitution and deactivated it together with all the orders and actions taken under its provisions, including notifications.
Judge Arbab Muhammad Tahir issued a detailed verdict on a request that challenges the amendment made to the 2001 Auditor’s Ordinance through the Finance Law.
The ruling declared that the Constitution is the Supreme Law of the Earth and all the legislation derives its authority from it. If any law exceeds its powers given or contradicts a constitutional provision, it is considered beyond the legal authority (ultra vires) and unconstitutional.
The judgment also declared that the Parliament promulgates laws within the constitutional framework and that any legislation in conflict with the Constitution or its law of parents becomes ineffective.
For a law to be valid, it must be logical and clear and should not contradict the general legal principles or constitution.
The ¬Court ruled that the bylaws could be annulled if they are promulgated in violation of legal procedures, contradict other laws or go against their parents legislation. The statutes that are ambiguous, unclear, unreasonable or illogical can also be declared void.
