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Part V: Relations between Federation and Provinces

Chapter 1: Distribution of Legislative Powers

141 Extent of Federal and Provincial laws.
Subject to the Constitution,  348[Majlis-e-Shoora (Parliament)] 348 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.
 
142 Subject-matter of Federal and Provincial laws.
Subject to the Constitution-
(a)  349[Majlis-e-Shoora (Parliament)] 349 shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;
 350[
(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence.
] 350 352[
(c) Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have power to make laws with respect to any mattter not enumerated in the Federal Legislative List.
] 352 354[
(d) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to all matters pertaining to such areas in the Federation as are not included in any Province.
] 354
 
 356[
143. 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.
 
] 356
144 Power of  360[Majlis-e-Shoora (Parliament)] 360 to legislate for  361[one] 361 or more Provinces by consent.
(1) If  362[one] 362 or more Provincial Assemblies pass resolutions to the effect that  363[Majlis-e-Shoora (Parliament)] 363 may by law regulate any matter not enumerated  364[the Federal Legislative List] 364 in the Fourth Schedule, it shall be lawful for  365[Majlis-e-Shoora (Parliament)] 365 to pass an Act for regulating that matter accordingly, but any act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province.
 
 366[] 366
 

Notes

348   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".
349   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".
350   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(i) (with effect from April 19, 2010) for :
(b)  351[Majlis-e-Shoora (Parliament)] 351, and a Provincial Assembly also, shall have power to make laws with respect to any matter in the Concurrent Legislative List;
351   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".
352   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(ii) (with effect from April 19, 2010) for :
(c) A Provincial Assembly shall, and  353[Majlis-e-Shoora (Parliament)] 353 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
353   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".
354   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(iii) (with effect from April 19, 2010) for :
(d)  355[Majlis-e-Shoora (Parliament)] 355 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.
355   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".
356   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  357[Majlis-e-Shoora (Parliament)] 357 which  358[Majlis-e-Shoora (Parliament)] 358 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  359[Majlis-e-Shoora (Parliament)] 359, 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.
 
357   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".
358   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".
359   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".
360   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".
361   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i) (with effect from April 19, 2010) for "two".
362   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i) (with effect from April 19, 2010) for "two".
363   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".
364   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(ii) (with effect from April 19, 2010) for "in either List".
365   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".
366   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  367[Majlis-e-Shoora (Parliament)] 367 under clause (1).
 
367   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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