In a significant ruling, the Supreme Court of Pakistan stated that neither Parliament nor Provincial Assemblies have the authority to retroactively apply civil laws. The court emphasized that Parliament’s legislative power is confined to the boundaries set by the Constitution.
The 41-page judgment, authored by Justice Mansoor Ali Shah in a tax-related case, clarified that while Article 142 grants legislative authority to both Parliament and Provincial Assemblies, this power is limited by the Constitution’s explicit provisions. It specifies that legislative actions cannot infringe upon the rights protected under Articles 9 to 28.
The ruling also highlighted that Article 12 prohibits the retroactive application of laws in criminal cases, allowing such retroactivity only for constitutional violations. Importantly, the court ruled that retroactive application of civil laws is not permissible.
The judgment underscores that citizens act based on existing laws, and applying future laws to past actions could unjustly impact their rights. It cautioned against reopening cases that have already been resolved under prior legislation.
Furthermore, the Supreme Court noted that any amendments to the law effectively repeal existing provisions and cannot invalidate rights that have already been granted. The court overturned a decision by the Sindh High Court and partially upheld appeals from private companies, reinforcing the principle that legislative actions must respect the constitutional rights of citizens.
