PLD 2019 SC 133
R. 4(5)—National Database and Registration Authority Ordinance (VIII of 2000)—S. 44—Pakistan Origin Cards (“POC”) issued to foreign spouses of citizens of Pakistan—Pre-requisite—Condition of five years of marriage—
According to R.4(5) of the National Database and Registration Authority (Pakistan Origin Card) Rules, 2002 [“the Rules”] as originally promulgated, foreign spouses of citizens of Pakistan were allowed to be issued POC-
However, the said R.4(5) was amended vide notification No.4/2/2012-nadra dated 30.12.2015 according to which issuance of POC to foreign spouses of Pakistani citizens was discontinued—Subsequently considering the immense difficulties faced by foreign spouses of citizens of Pakistan the Ministry of Interior forwarded a summary for the Cabinet (dated 20.02.2018) recommending therein withdrawal of the nadra notification along with restoration of the corresponding R.4(5) and other rules—
Cabinet approved said proposal and resultantly the said nadra notification was withdrawn, and the rules were restored to their previous/original position.
Despite such development the Ministry of Interior (vide letter No.4/2/2012- nadra dated 08-03-2018) introduced the eligibility condition of five years of marriage (for issuance of POC to foreign spouses) in violation of the approval of the Federal Government (Cabinet) which had stipulated that the rules had been restored to the previous/original position.
Since the power to make rules laid only with the Federal Government as per S.44 of the National Database and Registration Authority Ordinance, 2000, the introduction of the condition of five years marriage by the Ministry of Interior was ultra vires, and therefore set aside by Supreme Court.
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