OF late, there has been an uptick in the hearing of constitutional cases concerning the ordinance-making power of the president. Every now and then, ordinances enacted by the president are being challenged in Pakistan’s constitutional courts.
Two cases are worth mentioning. The federal government, through a notification dated March 26, 2021, announced the ‘removal’ of the chairperson of the Higher Education Commission Dr Tariq Banuri. This notification was challenged in the Sindh High Court, which stayed the appointment of a new chairperson. As Dr Banuri was removed pursuant to the Higher Education (Amendment) Ordinance, 2021, which reduced the tenure of the chairperson from four to two years, the government argued there were no ulterior motives behind his ‘removal’; rather, he ‘ceased to hold office’ by the operation of law. Similarly, MNA Mohsin Shahnawaz Ranjha challenged the legality of eight ordinances promulgated by the president in a single day (Oct 30, 2019) in