Article 2 of the Constitution of Pakistan

135. [Omitted ] 135. [Provincial Minister performing functions of Chief Minister.] Omitted by P.O. No. 14 of 1985, Art. 2 and Sch. 136. Vote of no -confidence against Chief Minister 1 [136. (1) A resolution for a vote of no -confidence moved by not less than twenty per centum of the total membership of the Provincial Assembly may be passed against the Chief Minister by the Provincial Assembly. (2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly. (3) If the resolution referred to in clau se (l) is passed by a majority of the total membership of the Provincial Assembly, the Chief Minister shall cease to hold office.] 137. Extent of executive authority of Province 137. Subject to the Constitution, the executive authority of the Province shall extend to the matters with respect to which the Provincial Assembly has power to make laws : Provided that, in any matter with respect to which both 2[Majlis -e- Shoora (Parliament)] and the Provincial Assembly of a Province have power to make laws, the executive authority of the Province shall be subject to, and limited by, the executive authority expressly conferred by the Constitution or by law made by 2[Majlis -e-Shoora (Parliament)] upon the Federal Government or authorities thereof. 138. Conferring of functions on subordinate authorities 138. On the recommendati on of the Provincial Government, the Provincial Assembly may by law confer functions upon officers or authorities subordinate to the Provincial Government. 139. Conduct of business of Provin cial Government 3[139. (1) All executive actions of the Provincial Government shall be expressed to be taken in the name of the Governor. 1 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch.. for "Art. 136". 2 See foot note 6 on page 3 , supra . 3 Subs. by P O. No. 14 of 1985, Art. 2 and Sch., for "Article 139". CONSTITU TION OF PAKISTAN 73 (2) The 1[Provincial Government] shall by rules specify the manner in which orders and other instruments made and ex ecuted 2[in the name of Governor] shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the Governor. 3[(3) The Provincial Government shall also make rules for the allocation and transaction of its business .]] 140. Advocate General for a Province 140. (1) The Governor of each Province shall appoint a person, being a person qualified to be appointed a Judge of the High Court, to be the Adv ocate General for the Province. (2) It shall be the duty of the Advocate -General to give advice to the Provincial Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Provi ncial Government. (3) The Advocate -General shall hold office during the pleasure of the Governor 4[and shall not engage in private practice so lo ng as he holds the office of the Advocate -General]. (4) The Advocate -General may, by writing under his hand addressed to the Governor, resign his office. 5* * * * * * * * 140A. Local Government 6[140A. (1) Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the el ected representatives of the local governments. (2) Election s to the local governments shall be held by the Election Commission of Pakistan. ] ___________ 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 46, for “Governor”. 2 Subs. ibid., for “in his name”. 3 Subs. ibid., for “clause (3)” 4 Added ibid., s. 47. 5 Existing Article 140A stands omitted as a consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2. 6 New Article 140A ins. ibid., s. 48. CONSTITU TION OF PAKISTAN 74 PART V Relations Between Federation and Provinces CHAPTER 1. – DISTRIBUTION OF LEGISLATIVE POWERS 141. Extent of Federal and Provincial laws 141. Subject to the Constitution, 1[Majlis -e-Shoora (Parliament)] 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 142. Subject to the Constitution — (a) 1[Majlis -e-Shoora (Parliament)] shall have exclusive power to make laws with respect to any matter in the Federal Legislative Lis t; 2[(b) Majlis -e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence;] 3[(c) Subject to paragraph (b), a Provincial Assembly shall, and Majlis -e-Shoora (Parliament) sh all not, have power to make laws with respect to any matter not enumerated in the Federal Legislative List; ] 4[(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 ]. 143. Inconsistency between Federal and Provincial law 5[143. 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 (Parliam ent) 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. ] 1 See footnote 6 on page 3 , supra . 2 Subs. by the Constitution (Eight eenth Amdt.) Act, 2010 (10 of 2010), s. 49, for “Paragraph (b)”. 3 Subs. ibid; for “Paragraph (c)”. 4 Subs. ibid; for “Paragraph (d)”. 5 Subs. ibid; s. 50 for “Article 143”. CONSTITU TION OF PAKISTAN 75 144. Power o f Majlis -e-Shoora (Parliament) to legislate for 1[One] or more Provinces by consent 144. (1) If 1[one] or more Provincial Assemblies pass resolutions to the effect that 2[Majlis -e-Shoora (Parliament)] may by law regulate any matter not enumerated in 3[the Federal Legislation List] in the Fourth Schedule, it shall be lawful for 2[Majlis -e-Shoora (Parliament)] 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. 4* * * * * * * * * CHAPTER 2. – ADMINISTRATIVE RELATIONS BETWEEN FEDERATION AND PROVINCES 145. Power of President to direct Governor to discharge certain functions as his Agent 145. (1) The President may direc t the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Province as may be specified in the direction. (2) The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1). 146. Power of Federation to confer powers, etc., on Provinces, in certain cases 146. (1) Notwithstanding anything contained in the Constitution, the Feder al Government may, with the consent of the Government of a Province, entrust either conditionally or unconditionally to that Government, or to its officers functions in relation to any matter to which the executive authority of the Federation extends. (2) An Act of 2[Majlis -e-Shoora (Parliament)] may, notwith - standing that it relates to a matter with respect to which a Provincial Assembly has no power to make laws, confer powers and impose duties upon a Province or officers and authorities thereof. 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 51, for “Two”. 2 See footnote 6 on page 3 , supra . 3 Subs. by Act No. 10 of 2010, s.51. for “either list”. 4 Clause (2) omitted by the Constitution (Eighth Amdt.) Act, 1985 (18 of 1985), s.17. CONSTITU TION OF PAKISTAN 76 (3) Where by virtue of this Article powers and duties have been conferred or imposed upon a Province or officers or authori ties thereof, there shall be paid by the Federation to the Province such sum as may be agreed or, in default of agreement, as may be deter mined by an arbitrator appointed by the Chief Justice of Pakistan, in respect of any extra costs of administration incurred by the Province in connection with the exercise of those powers or the discharge of those duties. 147. Power of the Provinces to en trust functions to the Federation 147. Notwithstanding anything contained in the Constitution, the Government of a Province may, with the consent of the Federal Government, entrust, either conditionally or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends 1[:] 2[Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.] 148. Obligation of Provinces and Federation 148. (1) The executive authority of every Province shall be so exercised as to secure compliance with Federal laws which apply in that Province. (2) Without prejudice to any other provision of this Chapter, in the exercise of the executive authority of the Federation in any Province regard shall be had to the interests of that Province. (3) It shall be the duty of the Federation to protect every Province against external aggression and internal disturbances and to ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution. 149. Directions to Provinces in certain cases 149. (1) The executive authority of every Province shall be so exercised as not to impede or p rejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a Province as may appear to the Federal Government to be necessary for that purpose. 3* * * * * * * * 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 52, for the full -stop. 2 Proviso added, ibid. 3 Clause (2) omitted ibid., s. 53. CONSTITU TION OF PAKISTAN 77 (3) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the construc tion and maintenance of means of communication declared in the direction to be of national or strategic importance. (4) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the pur pose of preventing any grave menace to the peace or tranquillity or economic life of Pakistan or any part thereof. 150. Full faith and credit for public acts, etc. 150. Full faith and credit shall be given throughout Pakistan to public acts and records, and judicial proceedings of every Province. 151. Inter -Provinci al trade 151. (1) Subject to clause (2), trade, commerce and intercourse throughout Pakistan shall be free. (2) 1[Majlis -e-Shoora (Parliament)] may by law impose such restrictions on the freedom of trade, commerce or inter -course between one Province and another or within any part of Pakistan as may be required in the public interest. (3) A Provincial Assembly or a Provincial Government shall not have power to — (a) make any law, or take any executive action, prohibit ing or restricting the entry into, or th e export from, the Province of goods of any class or description, or (b) impose a tax which, as between goods manufactured or produced in the Province and similar goods not so manufactured or produced, discriminates in favour of the former goods or which, in the case of goods manu factured or produced outside the Province discrimi nates between goods manufactured or produced in any area in Pakistan and similar goods manufactured or produced in any other area in Pakistan. (4) An Act of a Provincial Assembly wh ich imposes any reasonable restriction in the interest of public health, public order or 1 See footnote 6 on page 3 , supra . CONSTITU TION OF PAKISTAN 78 morality, or for the purpose of protecting animals or plants from disease or preventing or alleviating any serious shortage in the Province of any essential commodity shall not, if it was made with the consent of the President, be invalid. 152. Acquisition of land for Federal purposes 152. The Federation may, if it deems necessary to acquire any land situate in a Province for any purpose connected with a matter with r espect to which 1[Majlis -e-Shoora (Parliament)] has power to make laws, require the Province to acquire the land on behalf, and at the expense, of the Federation or, if the land belongs to the Province, to transfer it to the Federation on such terms as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of Pakistan. CHAPTER 3. – SPECIAL PROVISIONS 152A. [Omitted ] 152A. [National Security Council .] Omitted by the Constitution (Seventeenth A mdt.) Ac t 2003 (3 of 2003), s. 5, which was previously ins. by C.E's. O. No. 24 of 2002, Art. 3 and Sch., as amended by various enactments. 153. Council of Common Interests 153. (1) There shall be a Council of Common Interests, in this