Constitutional Law
Constitutional law, public power, and fundamental rights.
Research and commentary on constitutional jurisdiction, fundamental rights, judicial review, public authorities, and remedies before Pakistan's superior courts.
26 articles in Constitutional Law
01Legal News · Constitutional Law · Legal CommentarySindh High Court Orders Qualified Regular NIRC ChairmanThe Sindh High Court directed the federal government to appoint a qualified regular NIRC chairman, saying a stopgap label cannot confer statutory powers.02Legal News · Criminal Law · Constitutional Law · Legal CommentaryPunishment Without Learning: Why Pakistan Must Interview Convicted Child-Sex OffendersPakistan should interview convicted child-sex offenders to identify offence pathways, warning signs and prevention points without weakening punishment.03Constitutional Law · Criminal Law · Legal Commentary · Legal NewsModel Town Tragedy: Najafi Report and State AccountabilityTwelve years after 14 deaths, the Najafi Report, stalled JIT and unfinished trial expose a continuing failure of State accountability in Model Town.04Civil Law · Constitutional Law · Legal CommentaryNasira Begum Case: Deeming Clause Automatically Regularized Contract EmployeesThe Supreme Court held that Section 11's amended deeming clause changed qualifying PICO employees' status by operation of law; administrative delay could not defeat it.05Criminal Law · Constitutional Law · Legal Commentary · Legal NewsInfirmity Is an Independent Ground for Bail under Section 497 Cr.P.C.: Lahore High CourtThe Lahore High Court granted post-arrest bail to a prisoner with Parkinsonism, holding that infirmity is distinct from an ordinary medical-treatment plea.06Criminal Law · Evidence · Constitutional Law · Legal CommentaryNoor Mukadam Case: Zahir Jaffar Review Dismissed by Supreme CourtThe Supreme Court dismissed Zahir Jaffar's review, maintained the murder death sentence, and explained section 510 Cr.P.C., mental incapacity and fair trial.07Civil Law · Constitutional Law · Legal Commentary · Legal NewsRemanded Cases Cannot Wait Without a Stay: Supreme CourtThe Supreme Court held that remanded cases must proceed unless expressly stayed and ordered an eight-year-old civil suit concluded within two months.08Civil Law · Constitutional Law · Legal CommentaryNajma Parveen Case: Contract Service Counts for Pension, Not SeniorityThe Supreme Court held that uninterrupted contract service followed by regularization counts for pension, but not seniority, backdated status or increments.09Criminal Law · Constitutional Law · Legal Commentary · Legal NewsJalat Khan v. State: Bail under the Foreigners Act and the Section 14A BarThe Supreme Court held that section 14A's bail bar applies to knowing illegal entry under section 14(2), not a tentative section 14(1) overstay case.10Constitutional Law · Legal CommentaryProvince of Sindh v. Javed Iqbal Barqi: Technical Qualifications for DG SEPAThe Federal Constitutional Court held that a transfer notification could not displace the statutory technical qualifications for Director General of the Sindh Environmental Protection Agency.11Constitutional Law · Civil Law · Legal CommentaryProvince of Sindh v. Zulfiqar Khushk: PMS Rules 2018, Service Tribunal Jurisdiction and Executive PolicyThe Federal Constitutional Court upheld the Sindh Civil Servants (Provincial Management Service) Rules, 2018. It held that the constitutional petition was maintainable to test the Rules' validity, but the Rules neither exceeded the parent statute nor caused an unlawful cadre merger or discrimination.12Constitutional Law · Civil Law · Legal CommentaryBoard of Revenue, KP v. Habib-ur-Rehman: Sub-Registrar Appointments, Article 199 and Statutory RulesThe Federal Constitutional Court held that executive authorities cannot bypass binding service rules through additional-charge appointments, and that Article 212 did not bar a writ enforcing those rules.13Constitutional Law · Civil Law · Legal CommentaryOGDCL v. Dr. Capt. (R) Nusrat Hussain: Section 9A Benefits, Corporate Succession and LachesBy a 2–1 majority, the Federal Constitutional Court set aside an order granting Section 9A benefits because the claim did not fit the statutory framework and had become stale in Article 199 jurisdiction.14Constitutional Law · Civil Law · Legal CommentaryMuhammad Akram v. National Bank of Pakistan: Pension Rights, Finality and Time-Barred ReviewThe Federal Constitutional Court held that pension benefits are vested and enforceable, rejected an attempt to bypass limitation through Article 199, and restored finality to a 2008 reinstatement order.15Constitutional Law · Legal CommentaryPeshawar High Court Bar Association v. Shabbir Hussain: Article 199 and the Advocate’s Right to PractiseThe Federal Constitutional Court held that Article 199(1)(c) can enforce fundamental rights against a Bar Council, and that suspending advocates for representation or court appearance during a strike infringed Article 18.16Constitutional Law · Legal CommentaryPunjab Assembly's Judicial Committee under Section 11-C: A New Institutional Chapter in Parliamentary PrivilegeA legal analysis of the Punjab Assembly Judicial Committee announced in July 2026, the statutory pathway in Sections 11B-11D, and the chairmanship of Sardar Muhammad Awais Dreshak.17Constitutional Law · Legal CommentaryMehar Badshah v. Government of Khyber Pakhtunkhwa: Article 9A and Environmental Rights in PakistanA critical analysis of PLD 2025 SC 36, an early Supreme Court application of Article 9A to deforestation, forest preservation, and governmental accountability.18Constitutional Law · Legal CommentaryJustice A. R. Cornelius (1903–1991): Constitutional Conscience, Judicial Method, and the Limits of Hero-WorshipA critical study of Justice A. R. Cornelius, his constitutional dissents, rights jurisprudence, judicial method, and the limits of his legacy in Pakistan.19Constitutional Law · Criminal Law · Civil Law · Evidence · Legal CommentarySher Azam v. State: Supreme Court Rejects Chamber Review Without HearingThe Supreme Court held that dismissing a review in chambers without hearing violated Articles 4 and 10-A, with implications for criminal and civil review cases.20Civil Law · Evidence · Constitutional Law · Legal CommentaryWomen's Inheritance in Pakistan: Supreme Court 2026In 2026 SCP 211, the Supreme Court held that an alleged oral gift and mutation cannot defeat women's inheritance without strict, independent proof.21Criminal Law · Evidence · Constitutional Law · Legal CommentarySection 249-A Acquittal: Conflicting Supreme Court ViewsA critical comparison of Pakistani judgments on whether an acquittal under Section 249-A or 265-K Cr.P.C. carries a double presumption of innocence.22Constitutional Law · Legal Commentary27th Constitutional Amendment: A Critique of Pakistan’s JudiciaryPakistan’s 27th Amendment created a Federal Constitutional Court and redistributed judicial power. This analysis examines its benefits, risks, and safeguards.23Civil Law · Constitutional Law · Legal CommentaryMinor's Property Compromise Requires Court Leave: FCCP 2026The FCCP held that a compromise affecting minors' property cannot stand without a lawful guardian, express court leave, and protection of the minors' best interests.24Constitutional Law · Civil Law · Legal CommentaryMonal Restaurant Judgment 2026: FCCP Reopens Lease DisputeThe FCCP set aside key parts of the Monal Restaurant judgment, restored civil trials over lease and rent, and clarified CDA and wildlife-board authority.25Constitutional Law · Criminal Law · Legal CommentarySection 17(3) Contempt Hearing Is Mandatory: Supreme CourtIn Hira Rauf, the Supreme Court held that Section 17(3) requires a preliminary hearing before cognizance or framing a contempt charge.26Constitutional Law · Civil Law · Legal CommentaryNai Gaj Dam Judgment: Article 199 Cannot Rewrite an Arbitral AwardPakistan's Federal Constitutional Court set aside Sindh High Court orders altering the Nai Gaj Dam contract and preserved arbitral finality under Article 199.