Complete Summary and Importance.The Nawaz Sharif vs. the president case is one of the historic judgements in the judicial history of Pakistan. The legal reference for the case is “PLD 1955 SC 473.”
During the government of Mian Muhammad Nawaz Sharif, President Ghulam Ishaq Khan dismissed the prime minister and dissolved the National Assembly, exercising his constitutional powers under Article 58 (2) (b).
Nawaz Sharif challenged the dissolution of the National Assembly in 1993 by President Ghulam Ishaq Khan before the Supreme Court. The court’s verdict restored the National Assembly, and Nawaz Sharif rejoined his office as prime minister. This case strengthened the judiciary’s role in separating political powers and safeguarding democracy.
We have briefly summarized the PLD 1993 SC 473 case in simple words.
Background and Context
The Islami JamhuriItehad, led by Mian Muhammad Nawaz Sharif, won the general elections of October 1990. With 106 seats, he was elected prime minister of Pakistan for the first time.
During his governance, the Eighth Constitutional Amendment authorized the president to dissolve the National Assembly and dismiss the prime minister under Article 58 (2) (b) of the 1973 Constitution.
From the beginning, Prime Minister Nawaz Sharif and President Ghulam Ishaq Khan had a personal enmity regarding power. These tensions intensified in March and April 1993.
On April 14, 1993, the president asked the prime minister to improve his governance and resign some of his MNAs. However, on the 17th of April, Nawaz Sharif, while addressing the nation, described that several political powers are working against his governance, including the president. He stated, “I will not discharge any cabinet member or dissolve the assemblies.”
On 18th April, 1993, Benazir Bhutto submitted the resignations of 88 members of the Pakistan People’s Party. This act could trigger an impeachment motion against the president in the session to be held on 19th April.
Therefore, the President immediately issued an order named ‘dissolution of assemblies. He dismissed the prime minister and dissolved the National Assembly using his powers under Article 58 (2) b). He alleged that Nawaz Sharif was involved in maladministration and political corruption.
He appointed Balakh Sher Mazari as a caretaker government until the next elections, scheduled for 14th July, 1993. One week after his dismissal, Nawaz Sharif filed a writ petition in the Supreme Court, challenging the legality of the presidential orders.
Facts of the Nawaz Sharif vs. the President Case
Petitioner’s Arguments:
Nawaz Sharif, the petitioner, challenged the dissolution of the National Assembly in 1993, citing Article 184 (3) of the Constitution. Under this article, the Supreme Court can question an issue of public importance that refers to the fundamental rights of an individual.
Respondents’ Arguments:
- The president’s advocate argued that President Khan only exercised his powers under Article 58 (2) (b) of the Constitution. The article authorizes him to dissolve the national assembly at his discretion when it cannot be carried on following the Constitution.
- The dissolution may be a matter of public importance, but it does not violate the fundamental rights of anyone; thus, Article 184(3) is not violated.
Case reference: PLD 1993 SC 473
Bench: 11 bench members with Naseem Hassan Shah as Chief Justice
Key issues before the Supreme Court:
- Whether the petition is maintainable under Article 184 (3) or not.
- Whether the president had exercised his powers under 58 (2) (b) legally or not.
The Nawaz Sharif vs. the President Case Judgement
The Supreme Court delivered its judgement on May 26, 1993, which was a 10:1 decision. Most of the bench members, except Justice Sajjad Ali Shah, believed the president’s action was unconstitutional.
Key Findings of the Nawaz Sharif vs. the President Case Judgement:
- The president, Ghulam Ishaq Khan, violated Article 17 (2) by restricting Prime Minister Nawaz Sharif from participating in FATA.
- He also violated Article 14 of the 1973 Constitution by challenging the dignity of the prime minister through allegations of corruption and maladministration.
- The president had not exercised his powers within the parameters of the Constitution. He could only dismiss the prime minister if the government had violated the constitutional provisions. Or when a no-confidence vote was passed against him. Since no votes were held, the dismissal was illegal.
- Under sub-articles 5 and 191, the Prime Minister holds his office at the President’s will, but the President can’t dismiss him unless he satisfies a majority of the parliament. As the prime minister is answerable to parliament, not the president.
- Therefore, the dissolution of the National Assembly in 1993 is illegal, and Nawaz Sharif was reinstated as the Prime Minister.
- The 18th Constitutional Amendment hereby suspends Article 58 (2) (b), limiting presidential powers.
Eventually, Nawaz Sharif’s victory was short-lived. The continued power struggles led to a military takeover in July 1993. To end the political standoff, both President Ghulam Ishaq Khan and Prime Minister Nawaz Sharif were forced to resign from their positions. An interim government was formed, and elections were scheduled for 6th October, 1993.
Dissenting note of Sajjad Ali Shah:
Justice Sajjad Ali disagreed with the majority and mentioned that the petition had referred to the wrong forum; the correct legal route was to appeal under Article 199 of the Constitution before the High Court.
He also argued that Article 17 empowers an individual’s right to join a political party, not to remain a part of it. The president dissolved the assembly constitutionally, as the mass resignations from the national assembly and the cabinet showed public distrust in the government.
Importance of Nawaz Sharif vs. President Case in Pakistan’s Constitutional History
The Nawaz Sharif vs. the president case played a significant role in empowering the constitutional laws in Pakistan. It highlighted the importance of a balance between powers offered by the Eighth Amendment, reaffirming parliamentary supremacy over the president.
The PLD 1993 SC 473 case precedent reshaped the judiciary’s role in resolving political crises and safeguarding democracy in the country.
Frequently Asked Questions
- What is Article 58(2)(b) in Pakistan?
The Eighth Amendment of the 1973 Constitution added Article 58 (2) (b) which authorized the president to dissolve the national assembly and dismiss the prime minister under certain conditions.
However, the Supreme Court dissolved this law when President Ishaq Khan misused his powers by making unfair allegations against Nawaz Sharif and dismissing him in 1993.
- Describe the citation “PLD 1993 SC 473.”
“PLD 1993 SC 473” refers to the Nawaz Sharif vs. the President of Pakistan case.
It represents that the case is reported on page 473 in the Pakistan Law Decisions series; the judgement was delivered by the Supreme Court in 1993.
- What was the judgement in the Nawaz Sharif vs. the president case?
The Nawaz Sharif vs. the president case judgement restored the National Assembly and reinstated Nawaz Sharif as prime minister.
Nawaz Sharif vs. the President of Pakistan Case Summary
The “PLD 1993 SC 473” case remains a significant cornerstone in the constitutional history of Pakistan. In 1993, when political tensions emerged between Ghulam Ishaq Khan and Nawaz Sharif, President Ishaq Khan made unfair allegations against P.M. Nawaz Sharif. He restricted him from joining his office and dissolved the national assembly.
The Supreme Court declared the dissolution of the National Assembly in 1993 as illegal and restored the government of Nawaz Sharif.
