Notes for Part XII, Chapter 7

279A

Articles 267A and 267B inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 93), with effect from April 19th, 2010.

279B

Clause (2) omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 94), with effect from April 19th, 2010, read as follows:

(2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended ^[279C] [, expressly or impliedly,] without the previous sanction of the President ^[279D] [accorded after consultation with the Prime Minister] ^[279E] [:]

^[279F] Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule shall stand omitted after six years.

279C

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item 25(a).

279D

Inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item 25(b).

279E

Substituted for the full-stop by the Constitution (Seventeenth Amendment) Act, 2003, section 9.

279F

Proviso inserted by the Constitution (Seventeenth Amendment) Act, 2003, section 9.

280A

The following words, commas, brackets and figures were omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 95(a)), with effect from April 19th, 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,"

281

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985: P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

282

Substituted by the Constitution (Eighth Amendment) Act, 1985, section 19 (with effect from December 30, 1985) for Article 270-A inserted by P.O.No. 14 of 1985 Art. 2 and Sch. item 52 (with effect from March 2, 1985) which read:

270-A

(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.

^[283]

[(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."

282A.

Clause (6) substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 95(b)), with effect from April 19th, 2010 for the following:

^[283] [(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.]

283

Clause (6) was substituted by the Constitution (Second Amendment) Order, 1985 (P.O.No. 20 of 1985), Section 4 (with effect from March 17, 1985), for:

"Any of the President's Orders referred to in clause (1) may be amended in the manner provided for amendment of the Constitution."

283A

Artcle 270AA substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 96), with effect from April 19th, 2010 for the following:

^[283B]

270-AA 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.

283B.

Article 270-AA substituted by the Constitution (Seventeenth Amendment) Act, 2003, section 10, for Article 270-AA which was inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item 26 and read as follows:

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.

284

Inserted by P.O.No. 14 of 1985, Art 2 and Sch. item 52 (with effect from March 2, 1985).

284A

Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 97), with effect from August 21st, 2002, reasserting the same amendment by by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item 27. This reassertion is consistent with the presumption of the Constitution (Eighteenth Amendment) Act, 2010 that the amendements made by Legal Framework Order, 2002, were not incorporated of the Constitution.

284B

Article 270C inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24), Art 3(1), sched. item 28, was omitted by the Constitution (Eighteenth Amendment) Act, 2010, Article 2(a), by repealing the Legal Framework Order, 2002. The article read as follows:

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 2000), 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.

284C

Article 270BB inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 98), with effect from April 19th, 2010.

285

Article 271 shall, during the period of five years from October 27, 1973, have effect as if,-

(a)

after clause (2) thereof, the following new clause was inserted, namely:-

"(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."; and

(b)

in clause (3) thereof, after the words "election petition", the words "or otherwise" were inserted.

See the Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No.22 of 1973).

286

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 9 (with effect from November 21, 1975).

287

Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 9 (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"

288

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 9 (with effect from November 21, 1975).

289

Article 272 had, between June 9, 1973, and August 14, 1974, effect subject to the following modifications made by the Election to the Senate Order, 1973 (President's Order No. 8 of 1973), namely:-

In the said Article, after clause (1), the following new clause shall be added, namely:-

"(2)

Until Parliament by law makes provision in that behalf, the President man, 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."

290

Inserted by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 16 (with effect from May 4, 1974).

291

The brackets and figure "(1)" omitted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 10 (with effect from November 21, 1975).

292

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 10 (with effect from November 21, 1975).

293

Article 273 shall, during the period of five years from October 27, 1973, have effect as if, in clause (2) thereof, after the words "election petition", the words "or otherwise" were inserted. See the Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No.22 of 1973).

294

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 11 (with effect from November 21, 1975).

295

Substituted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 11 (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;"

296

Inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 11 (with effect from November 21, 1975).

297

Substituted for the word Parliament by the Revival of the Constitution of 1973 Order, 1985: P.O.No.14 of 1985) Art 2 and Sch item 1 (with effect from March 2, 1985).

298

Added and shall be deemed always to have been so added by the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), section 17.