Federation of Pakistan Vs Maulvi Tameez ud Din Case

    After the demise of the Liaqat Ali Khan, Khawaja Nazim-ud-Din appointed Ghulam Muhammad as Governor General and he himself became the Prime Minister of Pakistan. However, Ghulam Muhammad replaced Khawaja Nazim-ud-Din with Muhammad Ali Bogra. To end the powers of the Governor General regarding the removal of the PM, Muhammad Ali Bogra tried a constitutional amendment. In response to it, Governor General dismissed the Constitutional Assembly (Now NA), dissolved the Cabinet and formed a Council of Ministers.

    The president (Now Speaker) of the Constitutional Assembly, Maulvi Tameez-ud-Din appealed in the Sindh High Court and the court gave verdict in his favour. The Federal Government went to the Federal Court. Federal Court maintained that Sindh High Court has no jurisdiction over this case. Moreover, Federal Court approved the dismissal of the Constitutional Assembly, because the amendment in the Government of India Act, 1935, requires the assent of the Governor General. This verdict set an example of Doctrine of Necessity in the country and validated the future martial laws.