As per Lawkidunya, In Pakistan, instructions issued by the government can have the force of law, but it depends on the specific context and the enabling legislation. Here are some key points to consider:
Government Instructions as Statutory Provisions
1. Executive Orders: The President or Prime Minister of Pakistan can issue executive orders, which have the force of law. These orders are typically issued under the authority of a specific statute or the Constitution.
2. Notifications: Government departments can issue notifications, which are official announcements that have the force of law. These notifications can be issued under the authority of a specific statute or rule.
3. Circulars: Government departments can also issue circulars, which are instructions or guidelines that have the force of law. These circulars can be issued under the authority of a specific statute or rule.
Conditions for Instructions to be Considered Statutory Provisions
1. Authority: The instructions must be issued by a competent authority, such as the President, Prime Minister, or a government department.
2. Enabling Legislation: The instructions must be issued under the authority of a specific statute or rule.
3. Clear and Unambiguous Language: The instructions must be clear and unambiguous, leaving no room for misinterpretation.
4. Public Notice: The instructions must be made public through official channels, such as the Gazette of Pakistan.
Relevant Case Laws
1. Province of Punjab v. Muhammad Hussain (PLD 1963 SC 207): The Supreme Court held that instructions issued by the government can have the force of law if they are issued under the authority of a specific statute.
2. Government of Pakistan v. Muhammad Akram (PLD 1975 SC 523): The Supreme Court ruled that instructions issued by the government can be considered statutory provisions if they are clear, unambiguous, and made public through official channels.
In conclusion, instructions issued by the government in Pakistan can have the force of law if they meet certain conditions, such as being issued by a competent authority, under the authority of a specific statute, and being clear and unambiguous.
Case Laws and Judgments
PLD 1964 SC 21
1992 SCMR 468
1984 CLC 1308
1984 CLC 267
2005 SCR 199