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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,  323[Majlis-e-Shoora (Parliament)] 323 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)  324[Majlis-e-Shoora (Parliament)] 324 shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;
 325[
(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence.
] 325 327[
(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.
] 327 329[
(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.
] 329
 
 331[
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.
 
] 331
144 Power of  335[Majlis-e-Shoora (Parliament)] 335 to legislate for  336[one] 336 or more Provinces by consent.
(1) If  337[one] 337 or more Provincial Assemblies pass resolutions to the effect that  338[Majlis-e-Shoora (Parliament)] 338 may by law regulate any matter not enumerated  339[the Federal Legislative List] 339 in the Fourth Schedule, it shall be lawful for  340[Majlis-e-Shoora (Parliament)] 340 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that matter accordingly, but any act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province.
 
 341[] 341
 

Notes

323   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".
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".
325   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(i) (with effect from April 19, 2010) for :
(b)  326[Majlis-e-Shoora (Parliament)] 326, and a Provincial Assembly also, shall have power to make laws with respect to any matter in the Concurrent Legislative List;
326   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".
327   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(ii) (with effect from April 19, 2010) for :
(c) A Provincial Assembly shall, and  328[Majlis-e-Shoora (Parliament)] 328 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
328   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".
329   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(iii) (with effect from April 19, 2010) for :
(d)  330[Majlis-e-Shoora (Parliament)] 330 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.
330   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".
331   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  332[Majlis-e-Shoora (Parliament)] 332 which  333[Majlis-e-Shoora (Parliament)] 333 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  334[Majlis-e-Shoora (Parliament)] 334, 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.
 
332   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".
333   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".
334   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".
335   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".
336   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i) (with effect from April 19, 2010) for "two".
337   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i) (with effect from April 19, 2010) for "two".
338   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".
339   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(ii) (with effect from April 19, 2010) for "in either List".
340   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".
341   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  342[Majlis-e-Shoora (Parliament)] 342 under clause (1).
 
342   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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