Mian Muhammad Nawaz Sharif v. President of Pakistan
1. Core Profile & Citations
- Case Title: Mian Muhammad Nawaz Sharif v. President of Pakistan and Others
- Case Citation: PLD 1993 S.C. 473
- The Bench Leader: Headed by Chief Justice Naseem Hassan Shah (11-member bench).
- The Dissenting Judge: Justice Sajjad Ali Shah was the lone dissenter.
- Jurisdiction Used: Direct constitutional petition filed under Article 184(3) of the 1973 Constitution.
2. The Core Dispute & Executive Action
- The Action: In April 1993, the President of Pakistan,Ghulam Ishaq Khan, dissolved the National Assembly and dismissed Prime Minister Nawaz Sharif along with his cabinet.
- The Constitutional Provision Used: The President took this action under the purported exercise of powers conferred by Article 58(2)(b) of the 1973 Constitution.
- The Challenge: The petitioner, Mian Muhammad Nawaz Sharif, challenged this order of dissolution directly in the Supreme Court.
3. The Supreme Court Verdict & Legal Impact
- The Majority Ruling: The Supreme Court held by majority that the dissolution order passed by the President was not within the powers conferred on the President under Article 58(2)(b).
- Constitutional Status: It was the first time that the exercise of powers under Article 58(2)(b) was rejected and formally declared unconstitutional.
- Violation of Rights: The Court ruled that this unlawful executive action was moreover violative of the fundamental right of the petitioner and the public.
- The Legal Consequence (Restoration): As a direct consequence of the Court's order, the National Assembly, the Prime Minister, the Ministers, and the Cabinet were fully restored (All of these).