Judicial Review of Government Actions

Judicial review is the mechanism through which superior courts examine the legality of executive actions, administrative decisions, and government policies. Under Article 199 of the Constitution of Pakistan 1973, the High Courts exercise this power through writs of certiorari (to quash illegal orders), mandamus (to compel performance of a duty), and prohibition (to restrain unlawful action). The Supreme Court exercises review powers under Article 185 and Article 184(3).

Grounds for judicial review include illegality (the decision-maker exceeded their legal authority), irrationality (the decision was one no reasonable authority could have reached), procedural impropriety (failure to follow due process or natural justice), and proportionality. We apply these principles to challenge arbitrary cancellation of licenses, unlawful seizure of property, refusal to issue passports or visas, and unreasonable regulatory action.

We also handle cases involving delegated legislation, where subordinate legislation is challenged as ultra vires the parent statute or violative of fundamental rights. The Supreme Court has developed a robust jurisprudence on the limits of delegated legislation. Our petitions seek declarations of invalidity and permanent injunctions restraining enforcement of ultra vires provisions.