Part V: Relations between Federation and Provinces
Chapter 1: Distribution of Legislative Powers
| Extent of Federal and Provincial laws. Subject to the Constitution, 305[Majlis-e-Shoora (Parliament)] 305 may make laws (including laws having extra-territorial operation) for the whole or any part of Pakistan, and a Provincial Assembly may make laws for the Province or any part thereof. |
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| Subject-matter of Federal and Provincial laws. Subject to the Constitution-
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| Inconsistency between Federal and Provincial Law: If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void. |
| Power of 317[Majlis-e-Shoora (Parliament)] 317 to legislate for 318[one] 318 or more Provinces by consent.
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Notes
305
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
306
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
307
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(i)
(with effect from
April 19, 2010) for :
(b) 308[Majlis-e-Shoora (Parliament)] 308, and a Provincial Assembly also, shall have power to make laws with respect to any matter in the Concurrent Legislative List;
308
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
309
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(ii)
(with effect from
April 19, 2010) for :
(c) A Provincial Assembly shall, and 310[Majlis-e-Shoora (Parliament)] 310 shall not, have power to make laws with respect to any matter not enumerated in either the Federal Legislative List or the Concurrent Legislative List; and
310
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
311
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(iii)
(with effect from
April 19, 2010) for :
(d) 312[Majlis-e-Shoora (Parliament)] 312 shall have exclusive power to make laws with respect to matters not enumerated in either of the Lists for such areas in the Federation as are not included in any Province.
312
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
313
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 50
(with effect from
April 19, 2010) for :
143 Inconsistency between Federal and Provincial laws.
If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of 314[Majlis-e-Shoora (Parliament)] 314 which 315[Majlis-e-Shoora (Parliament)] 315 is competent to enact, or to any provision of any existing law with respect to any of the matters enumerated in the Concurrent Legislative List, then the Act of 316[Majlis-e-Shoora (Parliament)] 316, whether passed before or after the Act of the Provincial Assembly, or, as the case may be, the existing law, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.
314
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
315
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
316
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
317
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
318
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i)
(with effect from
April 19, 2010) for "two".
319
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i)
(with effect from
April 19, 2010) for "two".
320
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
321
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(ii)
(with effect from
April 19, 2010) for "in either List".
322
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
323
The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 17
(with effect from
November 9, 1985) : :
(2) The provisions of Article 71 shall apply to a Bill with respect to a matter which may be regulated by Act of 324[Majlis-e-Shoora (Parliament)] 324 under clause (1).
324
Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1
(with effect from
March 2, 1985) for "Parliament".
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