ISLAMABAD
Islamabad High Court (IHC) has nullified clause 7 of Finance Act -2015 declaring it alien to the constitution.
Justice Arbab Muhammad Tahir of IHC Saturday issued detailed judgment on the petition filed against amendment in Auditor General ordinance 2001 through finance act. Court declared null and void all the orders, proceedings and notifications issued under this law.
It has been said in the detailed judgment constitution is the biggest and basic law of country. Other laws derive their strength from constitution. If any law oversteps its powers or it is against any constitutional clause then it is declared ultra vires of constitution or unconstitutional.
It has been said in the decision parliament enacts laws as per powers laid out in constitution. If any law is in conflict with constitution or original law parent act then that law will be considered ineffective.
In order to prove any law constitutional it is must it should be logical, clear and not in clash with general laws and constitution.
IHC said if legal process is violated in enacting by -laws then these can be declared null and void.
If by laws are in clash with other law or they run contrary to basic laws then these can be nullified.
By laws can be annulled if they are vague, unclear and illogical.
