Legal Framework Order in Pakistan
The 2002 regulation on the regulatory framework was adopted by the military regime on 21 August 2002. It was incorporated into the Constitution by the Seventeenth Amendment Act of 2003, which was passed by Parliament on 31 December 2003. This constitutional amendment confirmed all regulations, appointments and other actions taken by the government under the LFO and protected it from legal action against those who wish to do so. The legal authority exercised by the military commander to implement these constitutional amendments derives from a Supreme Court decision in Zafar Ali Shah v. Pervez Musharraf (PLD 2000 SC 869), the relevant part of which is reproduced below: (2) If a further amendment to the Constitution is necessary or if difficulties arise in the implementation of any of the provisions of these Regulations, the Chief Executive may make such arrangements and issue or issue such orders to amend the Constitution or to eliminate any difficulty he deems appropriate. General Zia took it upon himself to “Islamize” society, bringing more than a hundred constitutional changes along sectarian lines. This interference in the constitution was so ruthless and crude that its democratic spirit was mutilated and an entirely new constitution was created, which was introduced in 1985 by a general constitutional amendment. This amendment introduced separate apartheid-style constituencies along sectarian lines and a parallel judicial system, the Federal Sharia Court, which has the power to repeal any law passed by the legislature deemed “un-Islamic.” In 1988, General Zia dissolved the assemblies under a newly introduced provision, but his order was challenged and justice was again called into question. Although he had since died, the Lahore Supreme Court, in investigating the case, ruled that the dissolution order was unlawful; a decision upheld by the Supreme Court. However, the Supreme Court did not reinstate the assemblies, but deemed it appropriate to allow voters to re-elect representatives. (c) all acts necessary for the proper functioning of the State; and (6) If a seat reserved for women or non-Muslims in the National Assembly or in a provincial assembly becomes vacant as a result of the death, resignation or ineligibility of a member, it shall be filled by the following person in the order of rank of the list of candidates of the party submitted by the political party to the Electoral Commission for the last general election, whose member has left that seat. No court, tribunal or other authority may challenge the declaration of emergency of 14 September 1999 or any other order made pursuant to this Regulation. No judgment, decree, pleading, order or proceeding may be made or given by any court or tribunal against the Chief Executive or any other authority designated by him.
NOW, in execution of the Declaration of Emergency of the fourteenth October 1999, read together with Provisional Constitutional Decree No.