Daily Archives: December 17, 2009

NRO Void Ab Initio

By YLH

The Supreme Court of Pakistan has declared the controversial National Reconciliation Ordinance (“NRO”) void ab initio.  This is a historical development in our judicial history from a jurisprudential point of view.

1.  Quoting the Indian precedent of Indira Nehru Gandhi v. Raj Narain   the learned counsel-  Pakistan’s finest in my view-  Salman Akram Raja argued that there could be no “legislative judgment”.    Indian Supreme Court had declared null and void a proposed constitutional amendment introduced by the prime minister that stopped the judiciary from adjudicating on the validity of elections. The prime minister  wanted the executive branch to determine how elections were to be administered in India.   This contention has been accepted by the Pakistan Supreme Court.  Now there may never a legislative judgement and this would have profound jurisprudential consequences.  We will do well now to extend this logic to other issues which need not be repeated here but which have  been discussed on PTH to death. Continue reading

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