Adv Ch Shahid Bhalli

Secretary Can Review a Mistake in Order of Prime Minster

As per Lawkidunya, In Pakistan, the Secretary can review a mistake in an order of the Prime Minister, but there are certain limitations and considerations that apply:

Legal Framework

1. Rules of Business 1973: These rules govern the functioning of the federal government and provide for the review of decisions by the Prime Minister.
2. Section 9 of the Rules of Business 1973: This section allows the Secretary to bring to the notice of the Prime Minister any mistake or error in an order or decision.

Conditions for Review

1. Mistake or Error: The Secretary can only review a mistake or error in the order, not the merits of the decision itself.
2. Procedural Irregularity: The review can only be done if there was a procedural irregularity in the making of the order.
3. Within a Reasonable Time: The review must be done within a reasonable time frame, ideally before the order is implemented.

Limitations

1. Prime Minister’s Discretion: The Prime Minister has the final authority, and the Secretary’s review is subject to the Prime Minister’s discretion.
2. No Power to Override: The Secretary does not have the power to override the Prime Minister’s decision.

Relevant Case Laws

1. Government of Pakistan v. Muhammad Akram (PLD 1975 SC 523): The Supreme Court held that the Secretary can review a mistake in an order of the Prime Minister, but only within the limitations provided by the Rules of Business 1973.

2. Province of Punjab v. Muhammad Hussain (PLD 1963 SC 207): The Supreme Court ruled that the Secretary’s review power is limited to procedural irregularities and mistakes, and does not extend to the merits of the decision itself.

In conclusion, the Secretary can review a mistake in an order of the Prime Minister, but only within the limitations provided by the Rules of Business 1973 and the relevant case laws.

Case Laws and Judgments

2002 PSC 87
1992 NLR UC 204

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