School of Social Sciences & Humanities (S3H)

Department of Law

Constitutional Development
Assignment II

“How these three cases, Tameezuddin, Usif Patel and Governor General
Reference have reflected on the constitutional scheme of Pakistan.”

Submitted by
Arsalan Ahmed Khan
CMS: 367719
Pakistan’s constitutional development has been marked by a number of significant events,
including the cases of Maulvi Tamizuddin Khan, Usif Patel, and Governor General references.
These cases have been crucial in shaping Pakistan's constitutional scheme, and have had far-
reaching implications for the country's political and legal systems. These cases highlight the
importance of maintaining the principles of democracy, the rule of law, and constitutional
supremacy, and the need to develop institutions that support these principles.

The case of Maulvi Tamizuddin Khan v. Federation of Pakistan was a landmark case that had a
profound impact on Pakistan's constitutional development. In this case, the validity of the
Constituent Assembly's dissolution by Pakistan's Governor-General was at issue. The decision of
the Federal Court cleared the way for future explanations by the court of acts of the executive
that are blatantly arbitrary, fraudulent, and unjust on the basis of highly technical arguments.
This ruling severely harmed Pakistan's constitutional progress and rocked the country's fledgling
constitutional ship. The popular perception of Pakistan’s judiciary and its legitimacy had been
severely damaged by this verdict.1

The Usif Patel case led to a situation of greater constitutional crises than when the Governor
General had dissolved the Constituent Assembly, as the Federal Court's ruling invalidated many
previous laws that were not assented by the governor general. There was no federal legislature in
place that was able to uphold legislation that the Federal Court had ruled were invalid. Due to the
unconstitutionality of the statutes under which those bodies had been chosen, even provincial
legislatures were regarded as having broken the law. In actuality, the entire judicial and
administrative system was in danger of disintegrating. Such as the Usif Patel case many other
cases contesting the government's varied acts filled the courts. The government and people
organized way of life all suffered from the ongoing ambiguity about legal propriety. However,
The Usif Patel vs. Crown case helped to establish the importance of an independent judiciary as
a check on the executive's power.2

The Governor-General made a referral to the Federal Court of Pakistan in 1954 to ask for its
decision on the legitimacy of the Constituent Assembly's dissolution. In its ruling, the Federal

1
https://pakistanhorizon.wordpress.com/2014/11/04/landmark-judgment-tamizuddin-khan-versus-federation-of-
pakistan/
2
https://www.ijsse.com/sites/default/files/issues/2012/Volume%202%20Issue%202%20,%20%202012/Paper-9/
Paper-9.pdf
Court determined that the Governor-General had the authority to dissolve the Constituent
Assembly, but that this authority could only be used under extraordinary conditions. This ruling
affirmed that the Constitution is the highest law of the nation and that all branches of
government, including the executive, must adhere by it. It also established the notion of
constitutional supremacy in Pakistan.3

From a judicial point of view, the impact of these cases on Pakistan's constitutional framework
has been significant. They established fundamental ideas like parliamentary sovereignty, the rule
of law, and constitutional supremacy. The Federal Court's decisions in these cases have shown
that the judiciary in Pakistan is willing to act as a check on the power of the executive branch,
and that the Constitution is the supreme law of the land. However, these cases also exposed the
weaknesses and fragility of Pakistan's constitutional system and highlighted the need for a
consistent commitment to democratic, legal, and separation of powers principles. 4

In conclusion, the Tameezuddin, Usif Patel, and Governor General reference cases represent
significant turning points in the history of Pakistan's constitutional development. They have
reflected upon the constitutional scheme of Pakistan by demonstrating the frailty of Pakistan's
democratic institutions and raising questions about the constitutional system's durability. These
cases have influenced the constitutional framework of Pakistan and established fundamental
ideas like parliamentary sovereignty, the rule of law, and constitutional supremacy. From a
judicial point of view, these cases have shown the willingness of the judiciary to act as a check
on the power of the executive branch and affirmed the Constitution's supremacy.

3
Constitutional and Political History of Pakistan by Hamid Khan | PDF | Books | E Books
4
Constitutional and Political History of Pakistan by Hamid Khan | PDF | Books | E Books
Bibliography

https://pakistanhorizon.wordpress.com/2014/11/04/landmark-judgment-tamizuddin-khan-versus-
federation-of-pakistan/

https://www.ijsse.com/sites/default/files/issues/2012/Volume%202%20Issue
%202%20,%20%202012/Paper-9/Paper-9.pdf

https://www.scribd.com/document/458977970/constitutional-and-political-history-of-pakistan-
by-hamid-khan