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Part V: Relations between Federation and Provinces

Chapter 1: Distribution of Legislative Powers

141 Extent of Federal and Provincial laws.
Subject to the Constitution,  305[Majlis-e-Shoora (Parliament)] 305 may make laws (including laws having extra-territorial operation) for the whole or any part of Pakistan, and a Provincial Assembly may make laws for the Province or any part thereof.
 
142 Subject-matter of Federal and Provincial laws.
Subject to the Constitution-
(a)  306[Majlis-e-Shoora (Parliament)] 306 shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;
 307[
(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence.
] 307 309[
(c) Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have power to make laws with respect to any mattter not enumerated in the Federal Legislative List.
] 309 311[
(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.
] 311
 
 313[
143. Inconsistency between Federal and Provincial Law:
If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.
 
] 313
144 Power of  317[Majlis-e-Shoora (Parliament)] 317 to legislate for  318[one] 318 or more Provinces by consent.
(1) If  319[one] 319 or more Provincial Assemblies pass resolutions to the effect that  320[Majlis-e-Shoora (Parliament)] 320 may by law regulate any matter not enumerated  321[the Federal Legislative List] 321 in the Fourth Schedule, it shall be lawful for  322[Majlis-e-Shoora (Parliament)] 322 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that matter accordingly, but any act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province.
 
 323[] 323
 

Notes

305   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
306   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
307   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(i) (with effect from April 19, 2010) for :
(b)  308[Majlis-e-Shoora (Parliament)] 308, and a Provincial Assembly also, shall have power to make laws with respect to any matter in the Concurrent Legislative List;
308   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
309   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(ii) (with effect from April 19, 2010) for :
(c) A Provincial Assembly shall, and  310[Majlis-e-Shoora (Parliament)] 310 shall not, have power to make laws with respect to any matter not enumerated in either the Federal Legislative List or the Concurrent Legislative List; and
310   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
311   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(iii) (with effect from April 19, 2010) for :
(d)  312[Majlis-e-Shoora (Parliament)] 312 shall have exclusive power to make laws with respect to matters not enumerated in either of the Lists for such areas in the Federation as are not included in any Province.
312   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
313   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 50 (with effect from April 19, 2010) for :
143 Inconsistency between Federal and Provincial laws.
If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of  314[Majlis-e-Shoora (Parliament)] 314 which  315[Majlis-e-Shoora (Parliament)] 315 is competent to enact, or to any provision of any existing law with respect to any of the matters enumerated in the Concurrent Legislative List, then the Act of  316[Majlis-e-Shoora (Parliament)] 316, whether passed before or after the Act of the Provincial Assembly, or, as the case may be, the existing law, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.
 
314   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
315   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
316   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
317   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
318   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i) (with effect from April 19, 2010) for "two".
319   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i) (with effect from April 19, 2010) for "two".
320   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
321   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(ii) (with effect from April 19, 2010) for "in either List".
322   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
323   The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 17 (with effect from November 9, 1985) : :
(2) The provisions of Article 71 shall apply to a Bill with respect to a matter which may be regulated by Act of  324[Majlis-e-Shoora (Parliament)] 324 under clause (1).
 
324   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

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