Article 199 of the Constitution of Pakistan

are, for the time being, acting in aid of civil power in pursuance of Article 245: Provided that this clause shal l not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pend ing immediately before the day on which the Armed Forces start acting in aid of civil power. (4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.] CHAPTER 3. – TRIBAL AREAS 246. Tribal Areas 246. In the Constitution, — (a) "Tribal Areas" means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes — (i) the Tribal Areas of 3[Balochistan ] and the 4[Khyber Pakhtunkhwa] Province 5*. (ii) the former States of Amb, Chitral , Dir and Swat; 6[ * * * * * * * * * * * * * *] (b) "Provincially Administered Tribal Areas" means — 1 Re-numbered as clause (1) by the Constitution (Seventh Amdt) Act, 1977 (23 of 1977), s. 4 ( w.e.f . the 21st April, 1977). 2 Added by the Constitution (Seventh Amdt.) Act, 1977 (23 of 197 7), s. 4, ( w.e.f. the 21st April, 1977). 3 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 91, for “Baluchistan”. 4 Subs ibid., for “North -West -Frontier”. 5 The word “and” omitted ibid. 6 Sub paragraphs (iii) and (iv) omitted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s.7 . CONSTITU TION OF PAKISTAN 147 (i) the districts of Chitral, Dir and Swat (which includes Kalam) 1[the Tribal Area in Kohistan district,] Malakand Protected Area, the Tribal Area adjoining 2[Mansehra] district and the former State of Amb; and (ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandin Tehsil of Chagai district and Marri and Bugti Tribal territories of Sibi district; and (c) "Federally Administered Trib al Areas" includes — (i) Tribal Areas, adjoining Peshawar district; (ii) Tribal Areas adjoining Kohat district; (iii) Tribal Areas adjoining Bannu district; 3[(iiia) Tribal Areas adjoining Lakki Marwat district;] (iv) Tribal Areas adjoining Dera Ismail Khan district; 3[(iva) Tribal Areas adjoining Tank district;] 4[(v) Bajaur Agency; (va) Orakzai Agency;] (vi) Mohmand Agency; (vii) Khyber Agency; (viii) Kurram Agency; (ix) North Waziristan Agency; and (x) South Waziristan Agency; 247. Administration of Tribal Areas 247. (1) Subject to t he Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein. 1 Ins. and shall be deemed to have been so ins. by the Constitution (Sixth Amdt.) Act, 1976 (84 of 1976), s. 4, (w.e.f. the 1st October, 1976). 2 Subs. and shall be deemed to have been s o subs. ibid., for "Hazara". 3 Inserted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 7. 4 Subs. and shall be deemed to have been so subs. by the Constitution (Sixth Amdt.) Act, 1976 (84 of 1976), s. 4, for the original sub -paragrap h (v), (w.e.f. the 1st December, 1973). CONSTITU TION OF PAKISTAN 148 (2) The President may, from t ime to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor shall, in the exercise of his functions under this Article, comply with such directions. (3) No Act of 1[Majlis -e-Shoora (Parliament)] shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of 1[Majlis -e-Shoora (Parliament)] or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situate, with the approval of the President, so directs; and in giv ing such a direction with respect to any law, the President or, as the case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction. (4) Notwithstanding an ything contained in the Constitu tion, the President may, with respect to any matter within the legislative competence of 1[Majlis -e-Shoora (Parliament)], and the Governor of a Province, with the prior approval of the President, may, with respect to any ma tter within the legislative competence of the Provincial Assembly make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof, situated in the Province. (5) Notwithstanding anything contained in the Co nstitu tion, the President may, with respect to any matter, make regula tions for the peace and good government of a Federally Administered Tribal Area or any part thereof. (6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental and conse quential provisions as appear to the President to be necessary and proper: Provided that before making any Order under this clause, the President shall asce rtain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga . (7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless 1[Majlis -e-Shoora (Parliament)] by law oth erwise provides: 1 See footnote 6 on page 3 , supra . CONSTITU TION OF PAKISTAN 149 Provided that nothing in this clause shall affect the jurisdic tion which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the comm encing day. CHAPTER 4. – GENERAL 248. Protection to President, Governor, Minister, etc. 248. (1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerabl e to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions: Provided that nothing in this clause shall b e construed as restricting the right of any person to bring appropriate proceed ings against the Federation or a Province. (2) No criminal proceedings whatsoever shall be institu ted or continued against the President or a Governor in any court during his term of office. (3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office. (4) No civil proceedings in which relief is claimed against the President or a Governor shall be institute d during his term of office in respect of any thing done or not done by him in his per sonal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims . 249. Legal proceedings 249. (1) Any legal proceedings which, but for the Constitution, could have been brought by or against the Federation in respect of a matter which, immediately before the commencing day, was the responsibility of the Federation an d has, under the Constitution, become the responsibility of a Province, shall be brought by or against the Province concerned; and if any such legal proceedings were pending in any court immediately CONSTITU TION OF PAKISTAN 150 before the commencing day then, in those proceedings, for the Federation the Province concerned shall, as from that day, be deemed to have been substituted. (2) Any legal proceedings which, but for the Constitution, could have been brought by or against a Province in respect of a matter which, immediately befor e the commencing day, was the responsibility of the Province and has under the Constitution become the responsibility of the Federation, shall be brought by or against the Federation; and if any such legal proceedings were pending in any court immediately before the commencing day then, in those proceedings, for the Province the Federation shall, as from that day, be deemed to have been substituted. 250. Salaries, allowances, etc., of the President, etc. 250. (1) Within two years from the commencing day, provision shall be made by law for determining the salaries, allowances and privileges of the President, the Speaker and Deputy Speaker and a member of the National Assembly or a Provincial Assembly, the Chairman and Deputy Chairman and a member of the Sen ate, the Prime Minister, a Federal Minister, a Minister of State, 1* * a Chief Minister, a Provincial Minister and the Chief Election Commissioner. (2) Until other provision is made by law, — (a) the salaries, allowances and privileges of the President, the Speaker or Deputy Speaker or a member of the National Assembly or a Provincial Assembly, a Federal Minister, a Minister of State, 1* * a Chief Minister, a Provincial Minister and the Chief Election Commis sioner shall be same as the salaries, allowances a nd privileges to which the President, the Speaker or Deputy Speaker or member of the National Assembly of Pakistan or a Provincial Assembly, a Federal Minister, a Minister of State, 1* * a Chief Minister, a Provincial Minister or, as the case may be, the C hief Election Commissioner was entitled immediately before the commencing day; and (b) the salaries, allowances and privileges of the Chairman, the Deputy Chairman, the Prime Minister and a member of the Senate shall be such as the President may by Order determine. 1 The words and comma "a Governor," omitted by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 13, (w.e.f. the 4th May, 1974). CONSTITU TION OF PAKISTAN 151 (3) The salary, allowances and privileges of a person holding office as — (a) the President; (b) the Chairman or Deputy Chairman; (c) the Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly; (d) a Governor; (e) the Chief Election Commission er; or (f) the Auditor -General; shall not be varied to his disadvantage during his term of office. (4) At any time when the Chairman or Speaker is acting as President, he shall be entitled to the same salary, allowances and privileges as a President but sha ll not exercise any of the functions of the office of Chairman or Speaker or a member of 1[Majlis -e-Shoora (Parliament)] or be entitled to salary, allow ances or privileges as Chairman, Speaker or such a member. 251. National language 251. (1) The Nation al language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day. (2) Subject to clause (1), the English language may be used for official purposes until arrang ements are made for its replacement by Urdu. (3) Without prejudice to the status of the National language, a Provincial Assembly may by law prescribe measures for the teaching, promotion and use of a provincial language in addition to the national languag e. 252. Special provisions in relation to major ports and aerodromes 252. (1) Notwithstanding anything contained in the Consti tution or in any law, the President may, by public notification, direct that, for a period not exceeding three months from a sp ecified date, a specified law, 1 See footnote 6 on page 3 , supra . CONSTITU TION OF PAKISTAN 152 whether a Federal law or a Provincial law, shall not apply to a specified major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified exceptions or modifications. (2) The g iving of a direction under this Article in relation to any law shall not affect the operation of the law prior to the date specified in the direction. 253. Maximum limits as to property, etc. 253. (1) 1[Majlis -e-Shoora (Parliament)] may by law — (a) prescri be the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and (b) declare that any trade, business, industry or service specified in such law shall be carried on or owned, to the exclusion, comp lete or partial, of other persons, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Govern ment. (2) Any law which permits a person to own beneficially or possess beneficially an area of land greater than th at which, immediately before the commencing day, he could have lawfully owned beneficially or possessed beneficially shall be invalid. 254. Failure to comply with requirement as to time does not render an act invalid 254. When any act or thing is require d by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or other -wise ineffective by reason only that it was not done within that period. 255. Oath of Office 255. (1) An oath required to be made by a person under the Constitution shall 2[preferably be made in Urdu or] a language that is understood by that person. (2) Where, under the Constitution, an oath is required to be made before a specified person and, for any reason, it is impracticable for 1 See footnote 6 on page 3 , supra . 2 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for “be made in”. CONSTITU TION OF PAKISTAN 153 the oath to be made before that person, it may be made before such other person as may be nominated by that person. (3) Where, under the Constitution, a person is required to make an oath before he enters upon an offic e, he shall be deemed to have entered upon the office on the day on which he makes the oath. 256. Private armies forbidden 256. No private organisation capable of functioning as a military organisation shall be formed, and any such organisation shall be illegal. 257. Provision relating to the State of Jammu and Kashmir 257. When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State. 258. Government of territories outside Provinces 258. Subject to the Constitution, until 1[Majlis -e-Shoora (Parlia ment)] by law otherwise provides, the President may, by Order, make provision for peace and good government of an y part of Pakistan not forming part of a Province. 259. Awards 259. (1) No citizen shall accept any title, honour or decoration from any foreign State except with the approval of the Federal Government. (2) No title, honour or decoration shall be confer red by the Federal Government or any Provincial Government on any citizen, but the President may award decorations in recognition of gallantry 2[,meritorious service in the Armed Forces] 3[,academic distinction or distinction in the field of sports or nurs ing], as provided by Federal law. (3) All titles, honours and decorations awarded to citizens by any authority in Pakistan before the commencing day other -wise than in recognition of gallantry 4[,meritorious service in the Armed Forces] or academic distin ction shall stand annulled. 1 See footnote 6 on page 3 , supra . 2 Ins. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 14, ( w.e.f. the 4th May, 1974). 3 Subs. by the Cons titution (Third Amdt.) Order, 1981 (P. O. No. 12 of 1981), Art. 2, for "or academic distinction". 4 Ins. and shall be deemed always to have been so ins. by Act, 33 of 1974, s. 14, ( w.e.f . the 4th May, 1974). CONSTITU TION OF PAKISTAN 154 CHAPTER 5. – INTERPRETATION 260. Definitions 260. (1) In the Constitution, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say ,— "Act of 1[Majlis-e-Shoora (Parliament)]" means an Act passed by 1[Majlis -e-Shoora (Parliament)] or the National Assembly and assented to, or deemed to have been assented to, by the President; "Act of Provincial Assembly" means an Act passed by the Provincial Assembly of a Province and assented to, or deemed to have been assented to, by the Governor; "agricultural income" means agricultural income as defined for the purposes of the law relating to income -tax; "Article" means Article of the Constitution; "borrow" includes the raising of money by the grant of annuities, and "loans" shall be construed accordingly; "Chairman" means the Chairman of the Senate and, except in Article 49, includes a person acting as Chairman of the Senate; 2["Chief Justice", in relation to the Supreme Court or a High Court, includes the Judge for the time being act ing as Chief Justice of the Court;] "citizen" means a citizen of Pakistan as defined by law; "clause" means clause of the Article in which it occurs; 3* * * * * * * * * "corporation tax" means any tax on income that is payable by companies and in respect of which the fol lowing conditions apply :— (a) the tax is not chargeable in respect of agricultural income; 1 See footnote 6 on page 3 , supra . 2 Ins. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 15. 3 The “definition of Expression consultation” omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 92. CONSTITU TION OF PAKISTAN 155 (b) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorised to be made from dividends payable by the companies to individuals; (c) no provision exists for taking the tax so paid into account in computing for the purposes of income -tax the total income of individual receiving such divi dends, or in computing the income -tax payable by, or refundable to, such individuals; "debt" includes any liability in respect of any obligation to repay capital sums by way of annuities and any liabil ity under any guarantee, and "debt charges " shall be construed accordingly; "estate duty" means a duty assessed on, or by reference to, the value of property passing upon death; "existing law" has the same meaning as in clause (7) of Article 268; "Federal law" means a law made by or under the a uthority of 1[Majlis - e-Shoora (Parliament)]; "financial year" means a year commencing on the first day of July; "goods" includes all materials, commodities and articles; "Governor" means the Governor of a Province and includes any person for the time be ing acting as the Governor of a Province; "guarantee" includes any obligation undertaken before the commencing day to make payments in the event of the profits of an undertaking falling short of a specified amount; "House" means the Senate or the Nationa l Assembly; "Joint sitting" means a joint sitting of the two Houses; "Judge" in relation to the Supreme Court or a High Court, includes the Chief Justice of the Court and also includes — (a) in relation to the Supreme Court, a person who is acting as a Judge of the Court; an (b) in relation to the High Court, a person who is an Additional Judge of the Court; 1 See footnote 6 on page 3 , supra . CONSTITU TION OF PAKISTAN 156 “members of the Armed Forces ” does not include persons who are not, for the time being, subject to any law relat ing to the members of the Armed Forces; “net proceeds” means, in relation to any tax or duty, the pro ceeds thereof, reduced by the cost of collection, as ascer tained and certified by the Auditor -General; "oath" includes affirmation; "Part" means Part of the Constitution; "pension" means a pension, whether contributory or not, of any kind whatsoever payable to, or in respect of, any person and includes retired pay so payable, a gratuity so payable, and any sum or sums so payable by way of the return, with or without interest thereon or any addition thereto, of subscriptions to a provident fund; "person" includes any body politic or corporate; "President" means the President of Pakistan and includes a person for the time being acting as, or performing the functions of, the President of Pakistan and, as respects anything required to be done under the Constitution before the commencing day, the President under the Interim Constitution of the Islamic Republic of Pakistan; "Property" includes any right, title or interest in property, mov able or immovable, and any means and instruments of production; "Provincial law" means a law made by or under the autho rity of the Provincial Assembly; "remuneration" includes salary and pension; "Schedule" means Schedule to the Constitution; "securi ty of Pakistan" includes the safety, welfare, stability and integrity of Pakistan and of each part of Pakistan, but shall not include public safety as such; "service of Pakistan" means any service, post or office in connection with the affairs of the Fede ration or of a Province, and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of CONSTITU TION OF PAKISTAN 157 1[Majlis -e-Shoora (Parliament)] or of a Provincial Assembly, but does not include servi ce as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, 2[Attorney -General , 3[Advocate -General,] Parliamentary Secretary] or 4[Chairman or member of a Law Commissio n, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister, Special Assistant to a Chief Minister, Adviser to a Chief Minister] or member of a House or a Provincial Assembly; "Speaker" means the Speaker of the National Assembly or a Provincial Assembly, and includes any person acting as the Speaker of the Assembly; "taxation" includes the imposition of any tax or duty, whether general, local or special, and "tax" shall be construed acco rdingly; "tax on income" includes a tax in the nature of an excess profits tax or a business profits tax. (2) In the Constitution "Act of 1[Majlis -e-Shoora (Parliament)]" or "Federal law" or "Act of Provincial Assembly" or "Provincial law" shall include an Ordinance promulgated by the President or, as the case may be, a Governor. 5[(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context ,— (a) "Muslim" means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claime d or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him); and (b) "non -Muslim" means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, 1 See footnote 6 on page 3 , supra. 2 Ins. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 15, ( w.e.f. the 4th May, 1974). 3 Ins. by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s. 16, ( w.e.f. the 13th September, 1976). 4 Ins. by the Constitution (Sixth Amdt.) Ac t, 1976 (84 of 1976), s. 5, ( w.e.f. the 31st December, 1976). 5 Subs. by the Constitution (Third Amdt.) Order, 1985 (P. O. No. 24 of 1985), Art. 6, for "clause (3)", which was previously added by Act 49 of 1974, s. 3, ( w.e.f. the 17th September, 1974). CONSTITU TION OF PAKISTAN 158 Budhist or Parsi community, a person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name), or a Bahai, and a person belonging to any of the scheduled castes.] 261. Person acting in office not to be regarded as successor to previo us occupant of office, etc. 261. For the purposes of the Constitution, a person who acts in an office shall not be regarded as the successor to the person who held that office before him or as the predecessor to the person who holds that office after him. 262. Gregorian calendar to be used 262. For the purposes of the Constitution, periods of time shall be reckoned according to the Gregorian calendar. 263. Gender and number 263. In the Constitution, — (a) words importing the masculine gender shall be taken to include females; and (b) words in the singular shall include the plural, and words in the plural shall include the singular. 264. Effect of repeal of laws 264. Where a law is repealed, or is deemed to have been repealed, by, under, or by virtue of the C onstitution, the repeal shall not, except as otherwise provided in the Constitution, — (a) revive anything not in force or existing at the time at which the repeal takes effect; (b) affect the previous operation of the law or anything duly done or suffered under the law; (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law; (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or CONSTITU TION OF PAKISTAN 159 (e) affect any investigation, legal proc eeding or remedy in respect of any such right, privilege, obligation, liabi lity, penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punis hment may be imposed, as if the law had not been repealed. CHAPTER 6. – TITLE, COMMENCEMENT AND REPEAL 265. Title of Constitution and commencement 265. (1) This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan. (2) Subject to clauses (3) and (4), the Constitution shall come into force on the fourteenth day of August, one thousand nine hundred and seventy -three or on such earlier day as the President may, by notification in the official Gazette, appoint, in the Constit ution referred to as the "commencing day". (3) The Constitution shall, to the extent necessary — (a) for the constitution of the first Senate; (b) for the first meeting of a House or a joint sitting to be held; (c) for the election of the President and the Prime Mi nister to be held ; and (d) to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day, come into force upon the enactment of the Constitution, but the person elected as President or Prim e Minister shall not enter upon his office before the commencing day. (4) Where by the Constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any court or office, or the appointment of any Judge or officer there -under, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provision, then that power may be exercised at any time between the enactment of the Constitution and its com mencement. CONSTITU TION OF PAKISTAN 160 266. Repeal 266. The Interim Constitution of the Islamic Republic of Pakistan, together with the Acts and President's Orders making omissions from, additions to, modifications o f, or amendments in, that Constitution is hereby repealed. CHAPTER 7. – TRANSITIONAL 267. Power of President to remove difficulties 267. (1) At any time before the commencing day or before the expiration of three months from the commencing day, the Pres ident may, for the purpose of removing any difficulties, or for bringing the provisions of the Constitution into effective opera tion, by Order, direct that the provisions of the Constitution shall, during such period as may be specified in the Order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedi ent. (2) An Order made under clause (1) shall be laid before both Houses without undue delay, and shall remain in force un til a resolution disapproving it is passed by each House or, in case of disagreement between the two Houses, until such resolution is passed at a joint sitting. 267A. Power to remove difficulties 1[267A. If any difficulty arises in giving effect to the p rovisions of the Constitution (Eighteenth Amendment) Act, 2010, hereinafter in this Article referred to as the Act, or for bringing the provisions of the Act into effective operation, the matter shall be laid before both Houses in a joint sitting which may by a resolution direct that the provisions of the Act shall, during such period as may be specified in the resolution, have effect, subject to such adaptations, whether by way of modification, addition or omission, as may be deemed necessary or expedient: Provided that this power shall be available for a period of one year from the commencement of the Act. 267B. Removal of doubt 267B. For removal of doubt it is hereby declared that Article 152A omitted and Articles 179 and 195 substituted by the Consti tution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), notwithstanding its repeal, shall be deemed always to have been so omitted and substituted.] 1 New Articles 267A and 267B ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 93. CONSTITU TION OF PAKISTAN 161 268. Continuance in force, and adaptation of certain laws 268. (1) Except as provided by this Arti cle, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature. 1* * * * * * * * * (3) For the purpose of bringing the provisions of any existing law into accord with the provisions of the Constitution (other than Part II of the Constitution), the President may by Order, within a period of two years from the commencing day, make such adaptations, whether by way of mod ification, addition or omission, as he may deem to be necessary or expedient, and any such Order may be made so as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the Order. (4) The President may 2authorise the Governor of a Province to exercise, in relation to the Province, the powers con ferred on the President by clause (3) in respect of laws relating to matters with respect to which the Provincial Assembly has power to make laws. (5) The powers exe rcisable under clauses (3) and (4) shall be subject to the provisions of an Act of the appropriate Legislature. (6) Any court, tribunal or authority required or empow ered to enforce an existing law shall, notwithstanding that no adaptations have been mad e in such law by an Order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the provisions of the Constitution. (7) In this Article, "existing laws" means all laws (includ ing Ordinances, Orders -in-Council, Orders, rules, bye -laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extra -territorial validity, immediately before the commencing day. 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. 1 Clause (2) omitted ibid., s. 94. 2 For such authorization, see Gaz. of Pak., 1973, Ext., Pt. II, p. 2001. CONSTITU TION OF PAKISTAN 162 269. Validation of law, acts, etc. 269. (1) All Proclam ations, President's Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the twentieth day of December, one thousand nine hundred and seventy -one and the twentieth day of April, one thousand nine hundred and seventy - two (both days inclusive), are hereby declared notwithstanding any judgment of any court, to have been validly made by competent authority and shall not be called in question in any court on any ground whatsoever. (2) All orders made, proceedings taken and acts do ne by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twentieth day of December, one thousand nine hundred and seventy -one, and the twentieth day of April, one thousand nine hundre d and seventy -two (both days inclusive), in exercise of the powers derived from any President's Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye -laws, or in execution of any orders made or sentences passe d by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judg ment 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) No suit 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 p owers 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. 270. Temporary validation of certain laws, etc. 270. (1) 1[Majlis -e-Shoora (Parliament)] may by law made in the manner prescribed for legislation for a matter in Part I of the Federal Legislative List validate all Proclamations, President's Orders, Martial Law Regulations, Martial Law Orders and other laws made between the twenty -fifth day of March, one thousand nine hundred and sixty -nine, and the nineteenth day of December, one thousand nine hundred and seventy - one (both days inclusive). (2) Notwithstanding a judgment of any court, a law made by 1[Majlis -e-Shoora (Parliament)] under clause (1) shall n ot be questioned in any court on any ground, whatsoever. 1 See footnote 6 on page 3 , supra . CONSTITU TION OF PAKISTAN 163 (3) Notwithstanding the provisions of clause (1), and a judgment of any court to the contrary, for a period of two years from the commencing day, the validity of all such instruments as are referred to in clause (1) shall not be called in question before any court on any ground whatsoever. (4) All orders, made, proceedings taken, and acts done by any authority, or any person, which were made, taken or done, or purported to have been made, taken or d one, between the twen ty-fifth day of March, one thousand nine hundred and sixty -nine and nineteenth day of December, one thousand nine hundred and seventy -one (both days inclusive), in exercise of powers derived from any President's Orders, Martial Law Re gulations, Martial Law Orders, enactments, notifications, rules, orders or bye -laws, or in execution of any order made or sentence passed by any authority in the exercise or purpo rted exercise of power as afore said shall, notwithstanding any judgment of an y court, be deemed to be and always to have been validly made, taken or done, so however that any such order, proceeding or act may be declared invalid by 1[Majlis -e- Shoora (Parliament)] at any time within a period of two years from the commencing day by r esolution of both Houses, or in case of disagreement between the two Houses, by such resolution passed at a joint sitting and shall not be called in question before any court on any ground, whatsoever. 270A. Affirmation of President’s Orders, etc. 2[3[270A. — (1) The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, including the Referendum Order, 1984 (P.O. No. 11 of 1984), 4* * * the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order, 1985 (P.O. No. 20 of 1985), the Constitution (Third Amendment) Order, 1985 (P.O. No. 24 of 1985), and all other laws made between the fifth day of July, 1977, and the date on whi ch this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgement of any court, to have been validly made by competent authority and, notwith - standing anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever : Provided that a President's Order, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall 1 See footnote 6 on page 3 , supra . 2 Articles 270A and 270B ins. by P. O. No. 14 of 1985, Art. 2 and Sch., 3 Article 270A subs. by the Constitution (Eighth Amdt.) Act. 1985 (18 of 1985) s. 19, for "Art. 270A" ( w.e.f. 30-12-1985) vide S.R.O. No. 1279(1)/85, dat ed 29 -12-85 read with Proclamation of Withdrawal of Martial Law, dated 30 -12-85, see Gaz. of Pak., 1985, Ext., Pt. 1. pp. 431 -432. 4 Certain words omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 95. CONSTITU TION OF PAKISTAN 164 be confined only to making such provisions as facili tate, or are incident al to, the revocation of the Proclamation of the fifth day of July, 1977. (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 fi fth 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, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by e-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 judgement of any court, be deemed to be and always to have been val idly made, taken or done and shall not be called in question in any court on any ground whatsoever. (3) All President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders, or bye -laws, in force immedi ately 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 clau se, "competent authority" means, — (a) in respect of President's Order's, Ordinances, Mart ial Law Regulations, Martial Law Orders and enact ments, 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 compli ance with orders made or sentences passed in exercise or pur ported 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. CONSTITU TION OF PAKISTAN 165 1[(6) The laws referred to in clause (1) may be amended by the appropriate Legislature in the manner provided for amendment of such laws.] 270AA. Declaration and continuance of laws etc . 2[270AA. (1) The Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Jud ges) Order, 2000 (No. 1 of 2000), Chief Executive's Order No. 12 of 2002, Chief Executive's Order No. 19 of 2002, the amendment made in the Constitution through the Legal Framework Order, 2002 (Chief Executive's Order No. 2 4 of 2002), the Legal Framework (Amendment) Order , 2002 (Chief Executive's Order No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (Chief Exe cutive's Order No. 32 of 2002) , notwithstanding any judgement of any court including the Supreme Court or a High Court, are her eby declared as having been made without lawful authority and of no legal effect. (2) Except as provided in clause (1) and subject to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, all laws including President’s Orders, Acts, Ordina nces, Chief Executive’s Orders, regulations, enactments, notifications, rules, orders or bye -laws made between the twelfth day of October, on e thousand nine hundred and ninety -nine and the thirty -first day of December, two thousand and three (both days inc lusive) and still in force shall, continue to be in force until altered, repealed or amended by the competent authority. Explanation. — For the purposes of clause (2) and clause (6), “competent authority” means, — (a) in respect of Presidents’ Orders, Ordinan ces, Chief Executive’s Orders and all other laws, the appropriate Legislature; and (b) in respect of notification, rules, orders and bye -laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. (3) Notwithstanding anything contained in the Constitution or clause (1), or judgement of any court including the Supreme Court or High Court, — (a) Judges of the Supreme Court, High Courts and Federal Shariat Court who were holding the office of a Judge or 1 Subs. by the Constitution ( Eighteenth Amendment) Act, 2010, (10 of 2010), s. 95, for “clause (6)”. 2 Subs. ibid. for “Article 270AA” s. 96. CONSTITU TION OF PAKISTAN 166 were appointed as such , and had taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2000), shall be deemed to have continued to hold the office as a Judge or to have been appointed as such, as the case may be, under the Constitution, and such continuance or appointme nt, shall have effect accordingly. (b) Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath of Office of (Judges) Order, 2000 (1 of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation. (4) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts don e 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 thirty first day of December, two thousand and three (both days inclusive), in exercise of the powers derived from any authority or laws mentioned in clause (2), 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 a foresaid, shall, notwithstanding any thing contained in clause (1), be deemed to be valid and shall not be called in question in any court or forum on any ground whatsoever. (5) No suit, prosecution or other legal proceedings includ ing writ petitions, sha ll lie in any court or forum 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 clause (4) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (6) Notwithstanding omission of the Concurrent Legislative List by the Constitution (Eighteenth Amendment) Act, 2010, all laws with respe ct, to any of the matters enumerated in the said List (including Ordinances, Orders, rules, bye -laws, regulations and notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extra -territorial o peration, immediately before the commencement of the Constitution (Eighteenth Amendment) Act 2010, shall continue to remain in force until altered, repealed or amended by the competent authority. CONSTITU TION OF PAKISTAN 167 (7) Notwithstanding anything contained in the Constitution , all taxes and fees levied under any law in force immediately before the commencement of the Constitution (Eighteenth Amendment) Act, 2010, shall continue to be levied until they are varied or abolished by an Act of the appropriate legislature. (8) On t he omission of the Concurrent Legislative List, the process of devolution of the matters mentioned in the said List to the Provinces shall be completed by the thirtieth day of June, two thousand and eleven. (9) For purposes of the devolution process unde r clause (8), the Federal Government shall constitute an Implementation Commission as it may deem fit within fifteen days of the commencement of the Constitution (Eighteenth Amendment) Act, 2010.] 270B. Elections to be deemed to be held under Constitutio n 270B. Notwithstanding anything contained in the Constitution, the elections held under the Houses of (Parliament) and Provincial Assemblies (Elections) Order, 1977, 1[and the Conduct of General Elections Order, 2002 (Chief Executive's Order No. 7 of 200 2),] to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly. 270BB. General Elections 2008 2[270BB. 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 on the eighteenth day of February, two thousand and eight shall be deemed to have been held under the Constitution and shall have effect ac cordingly.]. 3* * * * * * * * * 1 Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 97, and shall be deemed always to have been so, ins. with affect fr om the 21st day of August 2002. 2 New Article 270BB Ins., ibid., s. 98. 3 Article 270C stands omitted as a consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2 and Article 270AA. CONSTITU TION OF PAKISTAN 168 271. First National Assembly 1[271. (1) Notwithstanding anything contained in the Constitution but subject to 2[Article 63,] Article 64 and Article 223, — 3[(a) the first National Assembly shall consist of — (i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day ; and (ii) the persons to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (2A) of Article 51, 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 National Assembly in the Constitution shall be construed accordingly;] (b) the qualifications and disqualifications for being elected and being a member of the first National Assembly shall, except in case of members filling casual vacancies 2[, or to be elected to the additional seats referred to in clause (2A) of Article 51,] after the commencin g day, be the same as under the Interim Constitution of the Islamic Republic of Pakistan: Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of t hree months from the commencing day. (2) If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats. 1 Art. 271 shall, during the period of five years f rom the 27th October, 1973, have effect as if, — (a) after clause (2) thereof, the following new clause was ins., 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 other -wise" were inserted, see the Removal of Difficulties (Bar against Double Membership) O rder, 1973 (P. O. No. 22 of 1973). 2 Ins., by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s. 9, ( w.e.f. the 21st November, 1975). 3 Subs. ibid., CONSTITU TION OF PAKISTAN 169 (3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not filled before that day, caused by reaso n of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. (4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonabl e cause shown, he fails to make the oath within twenty one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of that period. 272. First 1[constitution of] Senate 2272. 3*Notwithstanding anything conta ined in the Constitution, but subject to 4[Article 63 and] Article 223, — (a) the Senate shall, until the first National Assembly under Constitution continues in existences, consist of forty -five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of claus e (1) thereof, for the word "four teen" the word "ten" and in paragraph (b) of that clause for the word "five" the word "three", were substituted, and reference to "total membership" of the Senate in the Constitution shall be cons trued accordingly; (b) the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province one 1 Ins. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 16, ( w.e.f. the 4th May, 197 4). 2 Article 272 had, between the 9th June, 1973, and the 14th August, 1974, effect subject to the following modifications made by the Election to the Senate Order, 1973 (P.O. 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 may, for the purpose of the due constitution of, and election to, the Senate, by Order, make provision for 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.". 3 The brackets and figure "(1)" omitted by the Constitution (Fourth Amdt.) Act. ,1975 (71 of 1975), s. 10, (w.e.f . 21st November, 1975). 4 Ins. ibid. CONSTITU TION OF PAKISTAN 170 member from the said Areas and one member from the Federal Capital; (c) the term of office of members of the first group and of the second group shall respe ctively be two years and four years; (d) the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years; (e) the term of office of a person elected or chosen to fill a casual v acancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill; (f) as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from each Province and two additional members from the Federally Administered Tribal Areas; and (g) the term of office of such half of the members elected under paragraph (f) as may be determined by drawing of lots shall be the unexpired term of office of the members of the first grou p and the term of office of the other half shall be the unexpired term of the mem bers of the second group. 273. First Provincial Assembly 1273. (1) Notwithstanding anything contained in the Constitution, but subject to 2[Article 63,] Article 64 and Arti cle 223, — 3[(a) the first Assembly of a Province under the Constitution shall consist of — (i) the members of the Assembly of that Province in existence immediately before the commencing day, and (ii) the additional members to be elected in accor dance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106, 1 Article 273 shall, during the period of five years from the 27th October, 1973, have effect as if, in clause (2) thereof, after the words "elections petitions", the words "or oth erwise" were ins., see. the Removal of Difficulties (Bar against D ouble Membership) Order, 1973 (P.O. No. 22 of 1973). 2 Ins. by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s. 11, (w.e.f. the 21st November, 1975). 3 Subs. ibid., (w.e.f. the 21st November, 1975). CONSTITU TION OF PAKISTAN 171 and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy -seven ; and reference "total member ship" of the Assembly of a Province in the Constitution shall be construed accordingly;] (b) the qualifications and disqualifications for member -ship of the first Assembly of a Province shall, except in case of members filling casual vacancies 1[, or to be elected to the additional seats referred to in clause (3) of Article 106,] after the commencing day, be the same as were provided in the Interim Constitution of the Islamic Republic of Pakistan: Provided that no person holding an office of profit in th e service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the com mencing day. (2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat in the Assembly of that Pr ovince in existence immediately before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final deci sion of an election petition may be filled in the same manner in which it would have been filled before the commencing day. (3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make the oath within twenty -one days from the day of the first meeting of the Provincial Assembl y, his seat shall become vacant at the expira tion of that period. 274. Vesting of property, assets, rights, liabilities and obligations 274. (1) All property and assets which, immediately before the commencing day, were vested in the President or the Fe deral Government shall, as from that day, vest in the Federal Government unless they were used for purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Provi nce. 1 Ins. by the Constitution (Fourth Amdt.) Ac t, 1975 (71 of 1975), s. 11, (w.e.f. the 21st November, 1975). CONSTITU TION OF PAKISTAN 172 (2) All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on tha t day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government. (3) All rights, liabilities and obligations of the Federal Government or of the Government of a Province, whether arising out of contract or otherwise, shall as from the commencing day, continue to be respectively the rights, liabilities and obligations of the Federal Government or of the Government of the Province, except that – (a) all rights, liabilities and obligations relating to a ny matter which, immediately before that day, was the responsibility of the Federal Government, but which under the Constitution, has become the responsibility of the Government of a Province, shall devolve upon the Government of that Province; and (b) all ri ghts, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Government of a Province, but which under the Constitution, has become the respon sibility of the Federal Government, shall devolve u pon the Federal Government. 275. Continuance in office of persons in service of Pakistan, etc. 275. (1) Subject to the Constitution and until law is made under