Transitional
267.
(1) At any time before the commencing day,
or before the expiration of three months
from the commencing day, the President may,
for the purpose of removing any
difficulties, or for bringing the provisions
of the Constitution into effective
operation, 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 expedient.
(2) An Order made under clause (1) shall be
laid before both Houses without undue delay,
and shall remain in force until 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.
268.
(1) Except as provided by this Article, 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adaptations, until altered, repealed or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.
(2) The laws specified in the Sixth Schedule
shall not be altered, repealed or amended [,
expressly or impliedly,] without the
previous sanction of the President [accorded
after consultation with the Prime Minister]
Provided that the laws mentioned at entries
27 to 30 and entry 35 in the Sixth Schedule
shall stand omitted after six years.
(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 adaptation, whether by way of
modification, 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 authorize the Governor
of a Province to exercise, in relation to
the Province, the powers conferred 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 exercisable 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 empowered to enforce an existing
law shall, notwithstanding that no
adaptations have been made 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 (including Ordinances, Orders- in-
Council, Orders, rules, by- 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 extraterritorial
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.
269.
(1) All Proclamations, 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 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 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) in exercise of the powers derived
from any President's Orders, Martial low
Regulations, Martial Law Orders, enactments,
notifications, rules, orders or by- laws, or
in execution of 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
count, 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 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.
270.
(1) [Majlis- e- Shoora (Parliament)] may by
law made in the manner prescribed for
legislations 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 [Majlis- e- Shoora
(Parliament)] under clause (1) shall not be
questioned in any court on any ground
whatsoever.
(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 done, between
the twenty- 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 Regulations,
Martial Law Orders, enactments,
notifications, rules, orders or by- laws, or
in execution of any order made or sentence
passed by any authority in the exercise or
purported exercise of power as aforesaid
shall, notwithstanding any judgment of any
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 [Majlis- e- Shoora
(Parliament)] at any time within a period of
two years from the commencing day by
resolution 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.
(l) 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), 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, the
Revival of the Constitution of 1973 Order,
1985 (P. O. No. 14 of 1985), the
Constitution (Second 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 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:
Provided that a President's Order, Martial
Law Regulation or Martial Law Order made
after the thirtieth day of September, 1985,
shall be confined only to making such
provisions as facilitate, or are incidental
to, the revocation of the Proclamation of
the fifth day of July, 1977.
(2) All order 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,
Ordinances, Martial Law Regulations, Martial
Law Orders, enactments, notifications,
rules, orders or by- 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, Ordinances,
Martial Law Regulations, Martial Law Orders,
enactments, notifications, rules, orders or
by- 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, Martial Law Regulations, Martial
Law Orders and enactments, the Legislature;
and (b) in respect of notifications, rules
orders and by- laws, the authority in which
the power to made, 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,
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) Such of the President's Orders
and Ordinances referred to in clause (1) as
are specified in the Seventh Schedule may be
amended in the manner provided for amendment
of the Constitution, and all other laws
referred to in the said clause may be
amended by the appropriate Legislature in
the manner provided for amendment of such
laws.]
Explanation. In this Article, "President's
Orders" includes "President and Chief
Martial Law Administrator's Orders" and
"Chief Martial Law Administrator's Orders."
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.
270B.
Notwithstanding anything contained in the
Constitution, the elections held under the
Houses (of Parliament) and Provincial
Assemblies (Elections) Order, 1977 [and the
Conduct of General Elections Order, 2002
(Chief Executive's Order No.7 of 2002),] to
the Houses and the Provincial Assemblies
shall be deemed to have been held under the
Constitution and shall have effect
accordingly.
270C. Oath of office of Judges, etc.-
Notwithstanding anything contained in the
Constitution, all persons appointed as
Judges of the Supreme Court, High Courts and
Federal Shariat Court who have taken oath
under the Oath of Office (Judges) Order,
2000 (1 of 2002), or not having been given
or taken oath under that Order have ceased
to continue to hold the office of a Judge
shall be deemed to have been appointed or
ceased to continue to hold such office, as
the case may be, under the Constitution and
such appointment or cession of office shall
have effect accordingly.
271.
(1) Notwithstanding anything contained in
the Constitution, but subject to Article 63,
Article 64 and Article 223,Ñ
[(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 the
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 [,
or to be elected to the additional seats
referred to in clause (2A) of Article 51,]
after the commencing 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
three 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.
(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 reason
of death or resignation of a member or
consequent upon his incurring a
disqualification or easily 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 reasonable 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 constitution of Senate
Notwithstanding anything contained in the
Constitution, but subject to [Article 63
and] Article 223,
(a) the Senate shall, until the first
National Assembly under the Constitution
continues in existence, consist of forty-
five members and the provisions of Article
59 shall have effect as if, in paragraph (a)
of clause (1) thereof, for the word
"fourteen" the word "ten" and in paragraph
(b) of that clause for the word "five" the
word "three", were substituted, and
reference to "total memberships" of the
Senate in the Constitution shall be
construed 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 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
respectively 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 vacancy 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 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 group and the term of office of
the other half shall be the unexpired term
of the members of the second group.
273
(1) Notwithstanding anything contained in
the Constitution, but subject to Article 63,
Article 64 and Article 223,
[(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
accordance with law by the members of the
Assembly to fill the seats referred to in
clause (3) of Article 106,
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;]
(b) the qualifications and disqualifications
for membership of the first Assembly of a
Province shall, except in case of members
filling casual vacancies[, 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 the service of Pakistan shall
continue to be a member of the Assembly
after the expiration of three months from
the commencing 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 Province
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
decision 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
Assembly, his seat shall become vacant at
the expiration of that period.
274.
(1) All property and assets which,
immediately before the commencing day, were
vested in the President or the Federal
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 Province.
(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
that 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 any 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 rights, 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
responsibility of Federal Government, shall
devolve upon the Federal Government.
275.
(1) Subject to the Constitution and until
law is made under Article 240 any person
who, immediately before the commencing day,
was in the service of Pakistan shall, as
from that day, continue in the service of
Pakistan on the same terms and conditions as
were applicable to him under the Interim
Constitution of the Islamic Republic of
Pakistan immediately before that day.
(2) Clause (1) shall also apply in relation
to a person holding office immediately
before the commencing day as
(a) Chief Justice of Pakistan or other Judge
of the Supreme Court, or Chief Justice or
other Judge of a High Court;
(b) Governor of a Province;
(c) Chief Minister of a Province;
(d) Speaker or Deputy Speaker of the
National Assembly or a Provincial Assembly;
(e) Chief Election Commissioner;
(f) Attorney- General for Pakistan or
Advocate- General for a Province;
(g) Auditor- General of Pakistan.
(3) Notwithstanding anything contained in
the Constitution, for a period of six months
from the commencing day, a Federal Minister
or a Minister of State or the Chief Minister
of a Province or a Provincial Minister may
be a person who is not a member of [Majlis-
e- Shoora (Parliament)] or, as the case may
be, the Provincial Assembly of that
Province; and such Chief Minister and
Provincial Minister shall have the right to
speak and otherwise take part in the
proceedings of the Provincial Assembly or
any committee thereof of which he may be
named a member, but shall not by virtue of
this clause be entitled to vote.
(4) Any person who under this Article, is
continued in an office in respect of which a
form of oath is set out in the Third
Schedule shall, as soon as is practicable
after the commencing day make before the
appropriate person oath in that form.
(5) Subject to the Constitution and law
(a) all civil, criminal and revenue Courts
exercising jurisdiction and functions
immediately before the commencing day shall,
as from that day, continue to exercise their
respective jurisdictions and functions; and
(b) all authorities and all offices (whether
judicial, executive, revenue or ministerial)
throughout Pakistan exercising functions
immediately before the commencing day shall,
as from that day, continue to exercise their
respective functions.
276.
Notwithstanding anything contained in the
Constitution, the first President may, in
the absence of the Chief Justice of
Pakistan, make the oath referred to in
Article 42 before the Speaker of the
National Assembly.
277.
(1) The schedule of authorized expenditure
authenticated by the President for the
financial year ending on the thirtieth day
of June, one thousand nine hundred and
seventy- four, shall continue to remain a
valid authority for expenditure from the
Federal Consolidated Fund for that year.
(2) The President may, in respect of
expenditure of the Federal Government for
any financial year preceding the Financial
year commencing on the first day of July,
one thousand nine hundred and seventy-three
(being expenditure in excess of the
authorized expenditure for that year),
authorize the withdrawal of money from the
Federal Consolidated Fund.
(3) The provisions of clauses (1) and (2)
shall apply to and in relation to a
Province, and for that purpose
(a) any reference in those provisions to the
President shall be read as a reference to
the Governor of the Province;
(b) any reference in those provisions to the
Federal Government shall be read as a
reference to the Government of the Province;
and
(c) any reference in those provisions to the
Federal Consolidated Fund shall read as a
reference to the Provincial Consolidated
Fund of the Province.
278.
The Auditor- General shall perform the same
functions and exercise the same powers in
relation to accounts which have not been
completed or audited before the commencing
day as, by virtue of the Constitution, he is
empowered to perform or exercise in relation
to other accounts, and Article 171 shall,
with the necessary modifications, apply
accordingly.
279.
Notwithstanding anything contained in the
Constitution, all taxes and fees levied
under any law in force immediately before
the commencing day shall continue to be
levied until they are varied or abolished by
Act of the appropriate Legislature.
280.
The Proclamation of Emergency issued on the
twenty- third day of November, one thousand
nine hundred and seventy- one, shall be
deemed to be a Proclamation of Emergency
issued under Article 232, and for the
proposes of clause (7) and clause (8)
thereof to have been issued on the
commencing day, and any law, rule or order
made or purporting to have been made in
pursuance of that Proclamation shall be
deemed to have been validly made [and shall
not be called in question in any court on
the ground of inconsistency with any of the
rights conferred by Chapter 1 of Part II.].
bookmark us
contact us
find us
