Explanation

• Bench Composition: The case was heard by a 12-member bench.
• Presiding Judge: Irshad Hasan Khan (Chief Justice).
• Outcome: The court validated the 1999 military coup under the doctrine of state necessity and granted the regime a three-year period

Last updated on NS-16-April-2026

Explanation

In Miss Asma Jillani vs Government of Pakistan (PLD 1972 SC 139), the Supreme Court declared General Yahya Khan a usurper and held Martial Law as unconstitutional and illegal.

The Court overruled Dosso’s case and rejected Kelsen’s theory of revolutionary legality.

Explanation

In State vs. Dosso (PLD 1958 SC 533), Chief Justice Munir applied Kelsen’s theory of revolutionary legality, which validated a successful coup as creating a new legal order.

This judgment legitimized the first Martial Law in Pakistan (1958) and set a precedent for future interventions.

Explanation

In PLD 1993 SC 473 (Muhammad Nawaz Sharif vs President of Pakistan), the Supreme Court held that the President’s dissolution of the National Assembly was beyond his constitutional powers.

The Assembly was consequently restored, reaffirming the limits on the President’s authority under Article 58(2)(b).

Explanation

In Zafar Ali Shah case (PLD 2000 SC 869), the Court described the abuse of public office for private gain as corruption.

It emphasized that corruption undermines public trust and good governance.

Explanation

In Muhammad Nawaz Sharif vs. President of Pakistan (PLD 1993 SC 473), Nawaz Sharif challenged the dissolution of the National Assembly by the President under Article 58(2)(b).

The Supreme Court restored the Assembly and Nawaz Sharif’s government, declaring the dissolution unconstitutional.

Explanation

In State vs. Dosso (PLD 1958 SC 533), the Supreme Court applied Hans Kelsen’s theory of revolutionary legality and validated Martial Law imposed by General Ayub Khan.

This judgment gave legal cover to unconstitutional takeovers, later criticized in constitutional history.

Explanation

The Vires (legal validity) of the National Accountability Ordinance (NAO) 1999 were challenged in the Supreme Court of Pakistan.

After the military takeover in 1999, numerous petitions were filed challenging the Ordinance's validity under Article 184(3) of the Constitution of Pakistan, and the Supreme Court dealt with these challenges.

Explanation

In Begum Nusrat Bhutto vs Chief of Army Staff (PLD 1977 SC 657), the Supreme Court upheld Article 2(3) of the Law (Continuous in Force) Order 1977, allowing suspension of fundamental rights during martial law.

This provision temporarily restricted citizens’ constitutional rights in favor of martial law administration.

Explanation

Article 52 of the Constitution of Pakistan 1973 provides that the National Assembly shall continue for five years from the day of its first meeting.

After completion of this term, it automatically stands dissolved, unless dissolved earlier.