Environmental Law in Pakistan - IUCN

The president exercises executive authority over FATA, while provincial governors hold executiveauthority for the tribal areas located in their respective provinces, subject to the approval of thepresident (Article 247). Article 145 allows the federal government to direct a governor to act as its“Agent” in areas that are “not included in any province”.Federal executive authority governs in the Northern Areas through the Ministry for Kashmir Affairsand Northern Areas. Powers are delegated to the Northern Areas local authorities through ordersissued by the Ministry.Article 99 of the Constitution gives the federal government the power to adopt rules of business togovern its administrative operations. The Federal Rules of Business 1973, as amended, arestatutory rules, assigning functions to and dividing responsibilities between various ministries, theirdivisions and departments, and semi-autonomous bodies. These rules provide for the distributionof responsibly amongst ministries, establish the hierarchy of responsibility within individualministries, and lay down operational procedures, some of which are compulsory, for interactionbetween ministries. Ministers take operational decisions while policy issues are referred to theCabinet. Subject to the rules, business within a ministry is conducted in accordance withadministrative guidelines and policies issued by the government from time to time. The 1973 Rulesof Business are not explicit, however, on either the subject matter jurisdiction of ministries or theirfunctions.4.1.3 JudiciaryArticle 175 of the Constitution establishes the Supreme Court of Pakistan along with the provincialhigh courts. Article 203C creates the Federal Shariat Court, which is empowered to decide whethera law or any provision of a law is repugnant to the injunctions of Islam (Article 203D). Article 212provides for administrative courts and tribunals as well as other courts to be established by law. Theenvironmental tribunals created by PEPA 1997 are one example of courts created by law.Federal and provincial courts form part of a single national judicial system with the Supreme Court atthe apex, serving as the appellate authority for all decisions taken by the provincial high courts (Article185). The Supreme Court has original jurisdiction to hear matters pertaining to the enforcement offundamental rights, disputes between a province and the federal government, or between provinces(Article 184), and questions of law that may be referred by the president (Article 186).4.2 DelegationThe Constitution does not establish a general pattern for delegating powers and duties, nor areexecutive or legislative guidelines provided for the purpose. The Constitution awards powers to boththe federal and provincial governments. The exercise of delegated power is controlled by provisionsof the governing statute or rules framed under it, or by guidelines issued for this purpose by thecorresponding government. Some federal statutes delegate rule-making power to provincialgovernments, which in turn may delegate their powers to subordinate officers or authorities. In somecases, this delegation is provided for in the statute itself, while in other instances governments areauthorised to delegate such powers by publication of a notification in the official gazette. Statutorypowers may be sub-delegated only if the original delegating legal instrument expressly provides forit. The exercise of discretion is controlled by the principles of natural justice, equity, reasonablenessand other similar doctrines.04Governance25EnvironmentalLaw in PakistanFederal