Administrative Law

The main sources of administrative law in Pakistan include the Constitution of Pakistan, statutes and ordinances that establish and regulate administrative agencies, case law (judicial decisions), and rules or regulations made by government agencies. These sources collectively define the scope and limits of administrative powers.

Administrative tribunals in Pakistan are specialized quasi-judicial bodies established to resolve disputes between individuals and government agencies. They handle cases related to labor, taxation, public service, and other administrative matters. Tribunals provide a quicker and more accessible forum for dispute resolution compared to regular courts and have authority to enforce decisions within their jurisdiction.

Judicial review is the process by which Pakistan’s judiciary examines the legality and constitutionality of actions taken by administrative authorities. Courts have the power to annul administrative actions that exceed legal limits or violate citizens' rights. Judicial review ensures accountability and prevents misuse of administrative power, especially under Articles 199 and 184(3) of the Constitution.

The Federal Service Tribunal (FST) is a specialized tribunal in Pakistan that handles disputes related to the service matters of federal government employees. Established under the Federal Service Tribunal Act, the FST hears appeals regarding promotions, transfers, terminations, and other employment issues in the federal public sector, providing an alternative forum to regular courts.

In Pakistan, remedies under administrative law include judicial review, writ petitions, appeals to administrative tribunals, and specific remedies like injunctions, mandamus, and habeas corpus. These remedies allow citizens to challenge unlawful administrative actions, seek compensation, and obtain orders to prevent or correct administrative abuses.

A writ petition is a legal request filed in the High Court by individuals seeking relief from unlawful actions by administrative authorities. In Pakistan, common writs include habeas corpus (challenging illegal detention), mandamus (compelling action by an authority), certiorari (quashing administrative decisions), and prohibition (preventing action). Writ petitions protect citizens’ rights against administrative overreach.

Judicial review in Pakistan is limited by the “doctrine of separation of powers,” where courts respect the administrative agency’s discretion within legal limits. Courts avoid intervening in purely administrative decisions, particularly in policy matters. Judicial review is also restricted to ensuring legality, reasonableness, and procedural fairness rather than substituting judicial opinions for administrative expertise.

The ombudsmen in Pakistan act as independent authorities that address complaints against government agencies and public officials. They investigate issues like maladministration, corruption, and negligence. There are various ombudsmen, such as the Federal Ombudsman and Provincial Ombudsmen, who provide citizens with an accessible means to challenge unfair treatment without going to court.

The National Accountability Bureau (NAB) is Pakistan’s anti-corruption agency responsible for investigating and prosecuting cases of corruption, financial misconduct, and abuse of power within government bodies. NAB operates under the National Accountability Ordinance (NAO) and has extensive powers to conduct inquiries, detain suspects, and recover ill-gotten assets, with its decisions subject to judicial review.

A government decision in Pakistan can be challenged through judicial review in the High Court, or by filing a complaint with an administrative tribunal or ombudsman. If an individual believes an administrative decision is unlawful, unreasonable, or violates their rights, they may file a writ petition, requesting the court to annul the decision or require action in accordance with the law.

Delegated legislation refers to rules, regulations, and orders created by administrative agencies under authority granted by primary legislation. In Pakistan, it allows the government to address detailed and technical issues. However, it is controlled by judicial review, where courts can invalidate delegated legislation that exceeds legal authority, is arbitrary, or infringes upon fundamental rights.