PESHAWAR: Peshawar High Court on Thursday upheld a provincial law, empowering National Database and Registration Authority (Nadra) instead of civil courts to issue letters of administration and succession certificates, and declared that Khyber Pakhtunkhwa Assembly was constitutionally competent to enact the same.

A bench consisting of PHC Chief Justice S M Attique Shah and Justice Mohammad Ijaz Khan, pronounced: “The provincial assembly of Khyber Pakhtunkhwa was legally and constitutionally competent to enact Khyber Pakhtunkhwa Letters of Administration and Succession Certificate Act, 2021.”

In one of the two petitions, the bench also directed chief secretary and secretary of law and parliamentary affairs to place before the provincial cabinet the matter to consider an amendment in the law in line with the changes made by the Punjab government whereby civil court was also authorised to perform the said functions.

The bench pronounced the judgement in two petitions, one filed by senior lawyer Saleem Shah, who requested the court to declare the law and rules framed thereunder as unconstitutional, and the other one by Peshawar Bar Association that sought declaration that sections 10 and 12 of the law were unconstitutional.

Declares KP Assembly competent to enact the same

The bench rejected the petition of the lawyer, whereas disposed of the other one with the direction: “While disposing of the writ petition of Peshawar Bar Association, we in the light of the discussion in para-13 of this judgement direct the chief secretary as well as the secretary of law, parliamentary affairs and human rights department to place before the provincial cabinet to consider an amendment in the existing legal framework as provided by Khyber Pakhtunkhwa Letters of Administration and Succession Certificates Act, 2021, in line with the amendment as made by the provincial government of Punjab through its provincial assembly by enacting an Act namely, Punjab Letters of Administration and Succession Certificates (Amendment) Act, 2025, whereby after the word ‘authority’ the words ‘or a civil court’ has been inserted.”

“An Act of parliament/provincial assembly could not be struck down on ground of hardship or inconvenience of its subject nor the subject could claim as a matter of right that it should be subjected to a particular procedure of his choice,” the bench ruled in a 26-page detailed judgement authored by Justice Ijaz.

Through the said law, civil courts were barred from exercising jurisdiction in the subject and the law was given overriding effect on other laws in the field.

The petitioners stated that the provincial government had enacted KP Letters of Administration and Succession Certificate Act in 2021 by virtue of which the letters of administration and succession certificates were made to be issued by Nadra.

They said that under Section 4 of the Act, a succession facilitation unit was established in Nadra for the required task. They stated that under the said law, relevant rules were framed through which a complicated mechanism and forms were introduced along with a hefty fee structure.

They said that apart from making the process complicated and expensive, the jurisdiction of courts was also barred under Section 10 and the Act was also given overriding effect under Section 12.

The additional attorney general, Sanaullah, and the additional advocate general, Asad Jan Durrani, appeared for federal and provincial government, respectively. They supported the law.

Senior lawyer Aamir Javed appeared as amicus curia and stated that the Act of 2021 had been made by KP Assembly for which it was legally competent.

The bench pointed out that right from the creation of Pakistan till the passage of the 18th Constitution Amendment in 2010, the subject of “wills, intestacy and succession, save as regards agricultural lands” was included in the concurrent legislative list and as such it was the domain of both federal and provincial legislative bodies to legislate regarding the said matter.

However, the bench said that after passage of 18th Amendment, when the concurrent list was abolished, the said subject was not included in Federal Legislative List then thereafter parliament could not legislate with respect to it in view of the bar contained in Article 142 of the Constitution.

Quoting Article 142 of the Constitution, the bench ruled: “When the subject of ‘wills, intestacy and succession’ is not included in Federal Legislative List then the same falls within the domain of provincial assembly to legislate upon as such the provincial assembly of Khyber Pakhtunkhwa was legally competent to legislate and enact the Act of 2021.”

The bench also turned down the petitioners’ argument that in the presence of Succession Act, 1925, KP Assembly was not competent to enact the law of 2021.

The bench observed that the objection was legally and constitutionally not sustainable as the very plain reading of various provisions of the Act of 2021 would show that it had merely provided a procedure for obtaining letters of administration and succession certificates and it further made it mandatory that the verification was to be made through digitalised and electronic sources/devices.

“A law does not become invalid merely because it incidentally or marginally touches upon a subject falling within the domain of another legislature,” the bench ruled.

During course of hearing, the counsel appearing for PBA also produced a copy of an amendment made by the Punjab Assembly to the effect that an amendment was made in the relevant Punjab law whereby along with Nadra the civil court was also empowered in the matter.

They requested that direction should be given to the KP government to make such like amendment in the Act of 2021.

The bench observed that it could not direct a legislative body to make any particular enactment or amendment as under the concept of trichotomy of power the legislature had to legislate, court had to interpret laws and executive had to implement the same.

However, the bench observed that the same could be sent to the provincial government to consider and place the same before the provincial assembly for consideration.

Published in Dawn, May 8th, 2026