GOVERNMENT OF GILGIT-BALTISTAN ORDER, 2018
Order to override other laws, etc.- (1) The provision of this Order shall have effect notwithstanding anything contained in the provisions of any law for the time being in force except that in case of conflict between the laws of Pakistan and the laws framed under this Order, the laws of Pakistan shall prevail.
(2) No Court, including the Gilgit-Baltistan Supreme Appellate Court and the Gilgit-Baltistan Chief Court, shall call into question or permit to be called into question, the validity of this Order.
— Prevalence of laws of Pakistan — Scope — The Governor of Gilgit-Baltistan (G.B.) referred the matter to Supreme Appellate Court under Article 92 of the Government of Gilgit-Baltistan Order, 2018, seeking an opinion on whether the G.B. Government was empowered to create or upgrade posts without prior concurrence of the Federal Finance Division of Pakistan and the legal standing of judgments issued by the Chief Court and subordinate courts on such matters — Held; while G.B. Rules of Business, 2007, and the G.B. System of Financial Control and Budgeting Rules, 2009, empowered the G.B. Government to create and upgrade posts, a meeting chaired by the Federal Finance Secretary, established that no post would be created without prior concurrence of the Federal Finance Division — This restriction had been reinforced by multiple Federal Government instructions issued between 2015 and 2021 — Furthermore, under Article 118 of the G.B. Order, 2018, federal laws took precedence over G.B. laws, and Article 99(1)(a) defined “laws” to include federal rules, regulations, and notifications — In light of these provisions, the Court declared that the G.B. Government lacked the authority to create or upgrade posts without Federal Finance Division approval — Consequently, judgments of the Chief Court and subordinate courts directing such actions could not be enforced independently by the G.B. Government, and implementation was contingent upon Federal concurrence — The Court directed that contempt proceedings against officials in such matters should be deferred until Federal approval was obtained — The reference was disposed of accordingly. [PLR 2025 SAC 1 = PLD 2025 SAC 1]
