SC rules ordinances can only be promulgated in emergency situation

ISLAMABAD: The Supreme Court (SC) on Thursday in a landmark verdict has ruled that ordinances can only be issued in emergency situations.

The ruling was passed by the SC after hearing 581 pleas against the Support Levy Act 2013.

The judgement released by Justice Qazi Faez Isa and Justice Amin-ud-Din Khan stated that the circumstances for issuing ordinances are clearly mentioned in the constitution and every word of the constitution should be implemented in its true spirit.

The written verdict stated: “The President and provincial governors may promulgate ordinances, but their power to promulgate ordinances is circumscribed by the Constitution. The President may only promulgate an ordinance23 in respect of (1) any matter in the Federal Legislative List, 24 (2) when neither the Senate nor the National Assembly is in session, and (3) can only do so when ‘circumstances exist which render it necessary to take immediate action.’ And, provincial governors may promulgate an ordinance25 in respect of (1) any matter which is not mentioned in the Federal Legislative List, (2) when the concerned Provincial Assembly is not in session, and (3) can only do so when ‘circumstances exist which render it necessary to take immediate action.’”

The honourable Supreme Court (SC) in its order further said: “In the absence of even one of the stated preconditions, neither the President nor the governors can promulgate ordinances. Ordinances may only be promulgated in respect of emergent matters because this alone is what the Constitution permits. However, since an ordinance expires after a few months,26 unless it is earlier set aside, an ordinance should avoid creating long term rights or liabilities, because on its expiry/repeal it may leave behind an imbroglio.”