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Part XII: Miscellaneous

Chapter 7: Transitional.

267 Power of president to remove difficulties.
(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.
 
 
 791[
267A. Power to remove difficulties.-
(1) If any difficulty arises in giving effect to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, hereinafter in this Article referred 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.-
For removal of doubt it is hereby declared that Article 152A omitted and Articles 179 and 195 substituted by the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), notwithstanding its repeal, shall be deemed to always to have been so omitted and substituted.
 
] 791
268 Continuance in force, and adaptation of certain laws.
(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subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature.
 
 792[] 792
(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  797 authorise 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 Validation of laws, acts, etc.
(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 Temporary validation of certain laws, etc.
(1)  798[Majlis-e-Shoora (Parliament)] 798 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  799[Majlis-e-Shoora (Parliament)] 799 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  800[Majlis-e-Shoora (Parliament)] 800 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.
 
 
 801[
270A Affirmation of President's Orders, etc.
(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),  802[] 802 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.
 
 803[
(6) The laws referred to in clause (1) may be amended by the appropriate Legislature in the manner provided for amendment of such laws.
 
] 803
 
] 801
 806[
270AA. Declaration and continuance of laws, etc-
(1) The Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executivce's Order No. 12 of 2002, Chief Executive's Order No. 19 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) and Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002), notwithstanding any judgment of any court including the Supreme Court or a High Court, are hereby 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, Ordinances, Chief Executive Orders, regulations, enactments, notifications, rules, orders or bye-laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty-first day of October, two thousand and three (both days inclusive) 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, Ordinances, Chief Executive's Orders and all other laws, the appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter or amend the same vests under the law.
 
(3) Notwithstanding anything contained in the Constitution or cluase (1), or judgment of any court including the Supreme Court or a High Court,-
(a) Judges of the Supreme Court, High Cours and Federal Shariat Court who were holding the office of a Judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order, 2000 (I of 2000), shall be deemed to have continued to hold the office as a Judge or appointed as such, as the case may be, under the Constitution, and such continuance or appointment, 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 (Judges) Order, 2000, (I 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 make, 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, 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 purpoted exercise of powers as aforesaid, shall, notwithstanding anything 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, including writ petitions, shall 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 respect 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 operaiton, immediately before the commencement of the Constitution (Eighteenth Amendment) Act, 2010, shall continue to remain in force until altered, repealed or amended be the competent authority.
 
(7) Notiwthstanding 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 the 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 under 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.
 
 
] 806
270B Elections to be deemed to be held under Constitution.
Notwithstanding anything contained in the Constitution, the elections held under the Houses (of Parliament) and Provincial Assemblies (Elections) Order, 1977  809[and the Conduct of General elections, Order 2002 (Chief Executive's Order No. 7 of 2002),] 809 810[] 810to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly.
 
 812[
270BB. General Elections 2008.-
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 of the eighteenth day of February, two thousand and eight shall be deemed to have been held under the Constitution and shall have effect accordingly.
 
] 812 813[] 813
271 First National Assembly.
(1) Notwithstanding anything contained in the Constitution, but subject to  815[Article 63, ] 815 Article 64 and Article 223 :-  816[
(a) the 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;
] 816
(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  817[, or to be elected to the additional seats referred to in clause (2A) of Article 51, ] 817 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.
 
 818[] 818
(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 ceasing to be a member as a result of the final decision of an election petition  820[] 820may 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  822[Constitution of] 822Senate.
 823[] 823 Notwithstanding anything contained in the Constitution, but subject to  824[Article 63 and] 824 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.
 825[] 825
 
273 First Provincial Assembly.
(1) Notwithstanding anything contained in the Constitution, but subject to  827[Article 63, ] 827 Article 64 and Article 223,  828[
(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;
] 828
(b) the qualifications and disqualifications for membership of the first Assembly of a Province shall, except in case of members filling casual vacancies  829[, or to be elected to the additional seats referred to in clause (3) of Article 106, ] 829 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  830[] 830may 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 Vesting or property, assets, rights, liabilities and obligations.
(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.
 
(2) 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 Continuance in office of persons in service of Pakistan, etc.
(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  832[Majlis-e-Shoora (Parliament)] 832 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 Oath of first President.
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 Transitional, financial provisions.
(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 Accounts not audited before commencing day.
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 Continuance of taxes.
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 Continuance of Proclamation of Emergency.
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  833[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.] 833
 

Notes

791   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 93 (with effect from April 19, 2010).
792   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 94 (with effect from April 19, 2010) : :
(2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended  793[, expressedly or impliedly, ] 793 without the previous sanction of the President  794[accorded after consultation with the Prime Minister] 794 795[:] 795
 796[Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule shall stand omitted after six years. ] 796
 
793   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 25(a) (with effect from August 21, 2002).
794   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 25(b) (with effect from August 21, 2002).
795   Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 9 (with effect from December 31, 2003) for ".".
796   Inserted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 9 (with effect from December 31, 2003).
797   For such authorization, see Gazette of Pakistan, 1973, Extraordinary, Part II, page 2001.
798   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".
799   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".
800   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".
801   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 19 (with effect from December 30, 1985) for :
 804[
270A
(1) The Proclamation of the fifth day of July, 1977, all President's Orders, Martial Law Regulations, Martial Law Orders and all other laws made between the fifth day of July, 1977, and the date on which this Article comes into force, are hereby 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.
 
(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 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, Martial Law Regulations, Martial Law Orders, enactments, notification, rules, orders or bye-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, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes in to force shall continue in force until altered, repealed or amended by competent authority.
 
(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.
 
 805[
(6) The President's Orders referred to in clause (1) shall not be altered, repealed or amended without the previous sanction of the President.
 
] 805
Explanation:- In this Article, "President's Orders" includes "President and Chief Martial Law Administrator's Order, and Chief Martial Law Administrator's Orders."
 
] 804
802   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 95(a) (with effect from April 19, 2010) : "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,".
803   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 95 (with effect from April 19, 2010) for :
(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."
 
804   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 52 (with effect from March 2, 1985).
805   Substituted by Constitution (Second Amendment) Order, 1985 (President's Order No. 20 of 1985), Section 4 (with effect from March 19, 1985) for :
(6) Any of the President's Orders referred to in clause (1) may be amended in the manner provided for amendment of the Constitution.
 
806   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 96 (with effect from April 19, 2010) for :
 807[
270AA 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".
 
 
] 807
807   Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 9 (with effect from December 31, 2003) for :
 808[
270AA. Validation of laws.
(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.l of 2000), the Referendum Order, 2002 (Chief Executive's Order No. 12 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, 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.
 
(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, 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 on any ground whatsoever.
 
(3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, notifications, 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 competent authority.
Explanation.- In this clause, "competent authority" means,
(a) in respect of President's Orders, Ordinances, Chief Executive's Orders and enactments, 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 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.
 
 
] 808
808   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 26 (with effect from August 21, 2002).
809   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 97 (with effect from August 21, 2002).
810   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 2 (with effect from April 19, 2010) : " 811[and the Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002),] 811".
811   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 27 (with effect from August 21, 2002).
812   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 98 (with effect from April 19, 2010).
813   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 2 (with effect from April 19, 2010) : :
 814[
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.
 
] 814
814   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 28 (with effect from August 21, 2002).
815   Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 9(a) (with effect from November 21, 1975).
816   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 9(b) (with effect from November 21, 1975) for :
(a) the first National Assembly shall consist of persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day and unless sooner dissolved, shall continue till 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; and
817   Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 9(c) (with effect from November 21, 1975).
818   The following was omitted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973) (with effect from October 27, 1978) : :
 819[
(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.
 
] 819
819   Inserted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973) (with effect from October 27, 1973).
820   The following was omitted by (with effect from October 27, 1978) : " 821[or otherwise] 821".
821   Inserted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973) (with effect from October 27, 1973).
822   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 15(b) (with effect from May 4, 1974).
823   The following was omitted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 10(a) (with effect from November 21, 1975) : "(1)".
824   Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 10(a) (with effect from November 21, 1975).
825   The following was omitted by Election to the Senate Order, 1973 (President's Order No. 8 of 1973) (with effect from August 14, 1974) : :
 826[
(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 of 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.
 
] 826
826   Inserted by Election to the Senate Order, 1973 (President's Order No. 8 of 1973) (with effect from June 9, 1973).
827   Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 11(a) (with effect from November 21, 1975).
828   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 11(a) (with effect from November 21, 1975) for :
(a) the first Assembly of a Province under the Constitution shall consist of the members of the Assembly of that Province in existence immediately before the commencing day 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;
829   Inserted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Section 11(c) (with effect from November 21, 1975).
830   The following was omitted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973) (with effect from October 27, 1978) : " 831[or otherwise] 831".
831   Inserted by Removal of Difficulties (Bar against Double Membership) Order, 1973 (President's Order No. 22 of 1973) (with effect from October 27, 1973).
832   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".
833   Inserted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section 17(and deemed to have always been so).
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