Part XII: Miscellaneous
Chapter 7: Transitional.
| Power of president to remove difficulties.
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| Power to remove difficulties.-
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| Removal of doubt.- For removal of doubt it is hereby declared that Article 152A omitted and Articles 179 and 195 substituted by the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), notwithstanding its repeal, shall be deemed to always to have been so omitted and substituted. |
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| Continuance in force, and adaptation of certain laws.
Explanation:- In this Article, "in force", in relation to any law, means having effect as law whether or not the law has been brought into operation. |
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| Validation of laws, acts, etc.
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| Temporary validation of certain laws, etc.
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| Affirmation of President's Orders, etc.
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703[
| Declaration and continuance of laws, etc-
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| Elections to be deemed to be held under Constitution. Notwithstanding anything contained in the Constitution, the elections held under the Houses (of Parliament) and Provincial Assemblies (Elections) Order, 1977 706[and the Conduct of General elections, Order 2002 (Chief Executive's Order No. 7 of 2002),] 706 707[] 707to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly. |
| General Elections 2008.- Notwithstanding anything contained in the Constitution or any other law for the time being in force, the General Elections 2008, to the National Assembly and the Provincial Assemblies held of the eighteenth day of February, two thousand and eight shall be deemed to have been held under the Constitution and shall have effect accordingly. |
| First National Assembly.
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| First 719[Constitution of] 719Senate. 720[] 720 Notwithstanding anything contained in the Constitution, but subject to 721[Article 63 and] 721 Article 223,
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| First Provincial Assembly.
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| Vesting or property, assets, rights, liabilities and obligations.
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| Continuance in office of persons in service of Pakistan, etc.
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| Oath of first President. Notwithstanding anything contained in the Constitution, the first President may, in the absence of the Chief Justice of Pakistan, make the oath referred to in Article 42 before the Speaker of the National Assembly. |
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| Transitional, financial provisions.
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| Accounts not audited before commencing day. The Auditor-General shall perform the same functions and exercise the same powers in relation to accounts which have not been completed or audited before the commencing day as, by virtue of the Constitution, he is empowered to perform or exercise in relation to other accounts, and Article 171 shall, with the necessary modifications, apply accordingly. |
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| Continuance of taxes. Notwithstanding anything contained in the Constitution, all taxes and fees levied under any law in force immediately before the commencing day shall continue to be levied until they are varied or abolished by Act of the appropriate Legislature. |
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| Continuance of Proclamation of Emergency. The Proclamation of Emergency issued on the twenty- third day of November, one thousand nine hundred and seventy-one, shall be deemed to be a Proclamation of Emergency issued under Article 232, and for the proposes of clause (7) and clause (8) thereof to have been issued on the commencing day, and any law, rule or order made or purporting to have been made in pursuance of that Proclamation shall be deemed to have been validly made 730[and shall not be called in question in any court on the ground of inconsistency with any of the rights conferred by Chapter 1 of Part II.] 730 |
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Notes
688
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 93
(with effect from
April 19, 2010).
689
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 94
(with effect from
April 19, 2010) : :
(2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended 690[, expressedly or impliedly, ] 690 without the previous sanction of the President 691[accorded after consultation with the Prime Minister] 691 692[:] 692 693[Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule shall stand omitted after six years. ] 693
690
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 25(a)
(with effect from
August 21, 2002).
691
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 25(b)
(with effect from
August 21, 2002).
692
Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 9
(with effect from
December 31, 2003) for ".".
693
Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 9
(with effect from
December 31, 2003).
695
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".
696
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".
697
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".
698
Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 19
(with effect from
December 30, 1985) for :
701[] 701
270A
702[
(1) The Proclamation of the fifth day of July, 1977, all President's Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the fifth day of July, 1977, and the date on which this Article comes into force, are hereby declared, notwithstanding any judgment of any court, to have been validly made by competent authority and, notwithstanding anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever. (2) All orders made, proceedings taken and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President's Orders, Martial Law Regulations, Martial Law Orders, enactments, notification, rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever. (3) All President's Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes in to force shall continue in force until altered, repealed or amended by competent authority. (4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby. ] 702
(6) The President's Orders referred to in clause (1) shall not be altered, repealed or amended without the previous sanction of the President. Explanation:- In this Article, "President's Orders" includes "President and Chief Martial Law Administrator's Order, and Chief Martial Law Administrator's Orders."
699
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 95(a)
(with effect from
April 19, 2010) : "under which, in consequence of the result of
the referendum held on the nineteenth day of December 1984,
General Muhammad Zia-ul-Haq became the President of Pakistan
on the day of the first meeting of the Majlis-e-Shoora
(Parliament) in joint sitting for the term specified in clause
(7) of Article 41,".
700
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 95
(with effect from
April 19, 2010) for :
(6) Such of the President's Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws. Explanation. In this Article, "President's Orders" includes "President and Chief Martial Law Administrator's Orders" and "Chief Martial Law Administrator's Orders."
701
Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 52
(with effect from
March 2, 1985).
702
Substituted by Constitution (Second Amendment) Order, 1985 (President's Order No. 20 of 1985), Section 4
(with effect from
March 19, 1985) for :
(6) Any of the President's Orders referred to in clause (1) may be amended in the manner provided for amendment of the Constitution.
703
Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 96
(with effect from
April 19, 2010) for :
704[] 704
270AA Validation and affirmation of laws, etc.
(1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President's Orders, Ordinances, Chief Executive's Orders, including the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive's Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the Legal Framework (Amendment) Order , 2002 (Chief Executive's Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date on which this Article comes into force (both days inclusive), having been duly made or accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever. (2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any Proclamation, President's Orders, Ordinances, Chief Executive's Orders, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever. (3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, including amendments in the Constitution, notification, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force, until altered, repealed or amended by the competent authority. Explanation: In this clause," competent authority" means,-
(a) in respect of President's Orders, Ordinances, Chief Executive's Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and (b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. (4) No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any court or forum against any authority or any persons, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken , appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby".
704
Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 9
(with effect from
December 31, 2003) for :
705[] 705
270AA. Validation of laws.
(1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President's Orders, Ordinances, Chief Executive's Orders, including the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No.l of 2000), the Referendum Order, 2002 (Chief Executive's Order No. 12 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date on which this Article comes into force, are hereby affirmed, adopted and declared notwithstanding any judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the constitution shall not be called in question in any court on any ground whatsoever. (2) All orders made, proceedings taken, appointments made,including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any proclamation, President's Orders, Ordinances, Chief Executive's Orders, enactments, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever. (3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority. Explanation.- In this clause, "competent authority" means,
(a) in respect of President's Orders, Ordinances, Chief Executive's Orders and enactments, the appropriate Legislature: and (b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. (4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby.
705
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 26
(with effect from
August 21, 2002).
706
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 97
(with effect from
August 21, 2002).
707
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 2
(with effect from
April 19, 2010) : " 708[and the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002),] 708".
708
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 27
(with effect from
August 21, 2002).
709
Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 98
(with effect from
April 19, 2010).
710
The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 2
(with effect from
April 19, 2010) : :
711[] 711
270C Oath of office of Judges, etc.
Notwithstanding anything contained in the Constitution, all persons appointed as Judges of the Supreme Court, High Courts and Federal Shariat Court who have taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2002), or not having been given or taken oath under that Order have ceased to continue to hold the office of a Judge shall be deemed to have been appointed or ceased to continue to hold such office, as the case may be, under the Constitution and such appointment or cession of office shall have effect accordingly.
711
Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 28
(with effect from
August 21, 2002).
712
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 9(a)
(with effect from
November 21, 1975).
713
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 9(b)
(with effect from
November 21, 1975) for :
(a) the first National Assembly shall consist of persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day and unless sooner dissolved, shall continue till the fourteenth day of August, one thousand nine hundred and seventy seven, and reference to "total membership" of the National Assembly in the Constitution shall be construed accordingly; and
714
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 9(c)
(with effect from
November 21, 1975).
715
The following was omitted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1978) : :
716[] 716
(2A) A person referred to in clause (2) shall resign one of his seats at any time on or before the 10th day of November, 1973, and , if he does not so resign, the seat to which he was elected first shall become vacant.
716
Inserted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1973).
718
Inserted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1973).
719
Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 15(b)
(with effect from
May 4, 1974).
720
The following was omitted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 10(a)
(with effect from
November 21, 1975) : "(1)".
721
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 10(a)
(with effect from
November 21, 1975).
722
The following was omitted by Election to the Senate Order, 1973 (President's Order No. 8 of 1973)
(with effect from
August 14, 1974) : :
723[] 723
(2) Until Parliament by law makes provision in that behalf, the President may, for the purpose of the due constitution of, and election to, the Senate, by Order, make provision of any of the matters referred to in-
(a) paragraphs (d) and (e) of clause (1) of Article 63; (b) paragraphs (d), (e) and (f) of Article 222; and (c) Article 225.
723
Inserted by Election to the Senate Order, 1973 (President's Order No. 8 of 1973)
(with effect from
June 9, 1973).
724
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 11(a)
(with effect from
November 21, 1975).
725
Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 11(a)
(with effect from
November 21, 1975) for :
(a) the first Assembly of a Province under the Constitution shall consist of the members of the Assembly of that Province in existence immediately before the commencing day and unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven and reference to "total membership" of the Assembly of a Province in the Constitution shall be construed accordingly;
726
Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 11(c)
(with effect from
November 21, 1975).
727
The following was omitted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1978) : " 728[or otherwise] 728".
728
Inserted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973)
(with effect from
October 27, 1973).
729
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".
730
Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 17(and deemed to have always been so).
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