Moulvi Tameez-ud-Din Khan

V.s

Federation of Pakistan

PLD 1955 FC 240

Background of the Case:

When Pakistan came into existence, Constituent Assembly was established under the Objective
Resolution 1949 which was regulated through Government of India Act, 1935. The Constituent Assembly
was formed for following two purposes;

 Its first purpose was to act as a Central Legislature.

 It second purpose was to frame new Constitution for newly born State, Pakistan.

When Pakistan came into existence at that time Government of India Act, 1935, with certain
amendments, was working as the Constitution. Article 10 if the Government of India Act gave power to the
Governor General to remove or dismiss ministers. The third Governor General of Pakistan Malik Ghulam
Muhammad used this power and dismissed the second Prime Minister Khwaja Nazimuddin and appointed
Mohammad Ali Bogra as new Prime Minister.

Mohammad Ali Bogra Brought two amendments in Government of India Act 1935,

 He repealed Article 10 of the Act which authorized Governor General to dismiss any minister.
 Introduced now Article 223-A which established writ jurisdiction of the Courts.

According to Government of India Act, 1935, every bill is to be approval by Governor General for
becoming the law of the state. But, Muhammad Ali Bogra did not get the approval of Governor General for
both the laws. Consequently, Governor General dissolved whole of the Constituent Assembly on 24th
October 1953 and claimed that Constituent Assembly failed to perform properly. After dissolution he
appointed his own cabinet.

Maulvi Tameez Uddin Khan was the President of the Constituent Assembly. He was aggrieved by this
action of the Governor General and filed two writ petitions in Sindh Chief Court.

 Writ of mandamus, it was filed in order to restrain the Governor General from interfering into the
affairs of Constituent Assembly.
 Writ of Quo Warranto was filed against the Council of Ministers that was appointed by Malik
Ghulam Muhammad that under what authority this Council of Minister were holding their offices.

Issue of the case:

The issue of this case was that whether amendments introduced by Muhammad Ali Bogra without
approval of Governor General were valid of not.
Decision of Sindh Chief Court:

Sindh Chief Court held that assent of the Governor General is not necessary for an amendment and
therefore it validated the amendments introduced by Muhammad Ali Bogra.

Malik Ghulam Muhammad was not satisfied with the decision of Sindh Chief Court; therefore he filed an
appeal in the Federal Court of Pakistan.

Decision of Federal Court:

Federal Court held that Governor General is also the part of Constituent Assembly therefore his approval
for both the amendments were necessary. Article 223-A which gave courts writ jurisdiction was declared
null and void, there for decision of Sindh Chief Court that was given on the basis of writ jurisdiction was
also declared void. Repealed Article 10 was restored by the Federal Court in it decision. The Court decided
that approval of Governor General for any bill and amendment is necessary. This decision also obstructed
the framing of the Constitution that’s why 1956 Constitution was promulgated after nine years.