From The Past Pages Of Dawn: 1973: Fifty Years Ago: SC opinion on BD

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LAHORE: The Supreme Court has expressed the unanimous opinion that there was no legal bar to the National Assembly considering or adopting a resolution expressing its opinion that the Government may accord a formal recognition to Bangladesh at a time when, in the judgement of the Government, such recognition would be in the best national interest.

The Court has expressed its opinion in a 16-page report on a Constitutional Reference made by the President, the hearing of which the Court concluded yesterday [July 6]. The Court said the form of the resolution proposed to be placed before the House, itself contemplated that legal and constitutional measures might be necessary to give effect to the object sought to be achieved. It was for this reason that a “firm assurance” was being sought from the Assembly.

No violation of any constitution was, therefore, even contemplated. This does not, however, mean that the legislative measures and or the constitutional amendments, if and when made, will not be amenable to challenge in the courts of law. …,” the Court observed. …[T]he Court observed that “Every member … has a right to move a resolution in respect of a matter of public importance.”

Published in Dawn, July 8th, 2023

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