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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,  330[Majlis-e-Shoora (Parliament)] 330 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)  331[Majlis-e-Shoora (Parliament)] 331 shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;
 332[
(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence.
] 332 334[
(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.
] 334 336[
(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.
] 336
 
 338[
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.
 
] 338
144 Power of  342[Majlis-e-Shoora (Parliament)] 342 to legislate for  343[one] 343 or more Provinces by consent.
(1) If  344[one] 344 or more Provincial Assemblies pass resolutions to the effect that  345[Majlis-e-Shoora (Parliament)] 345 may by law regulate any matter not enumerated  346[the Federal Legislative List] 346 in the Fourth Schedule, it shall be lawful for  347[Majlis-e-Shoora (Parliament)] 347 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that matter accordingly, but any act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province.
 
 348[] 348
 

Notes

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 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".
332   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 49(i) (with effect from April 19, 2010) for :
(b)  333[Majlis-e-Shoora (Parliament)] 333, and a Provincial Assembly also, shall have power to make laws with respect to any matter in the Concurrent Legislative List;
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 Constitution (Eighteenth Amendment) Act, 2010, Section 49(ii) (with effect from April 19, 2010) for :
(c) A Provincial Assembly shall, and  335[Majlis-e-Shoora (Parliament)] 335 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
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 49(iii) (with effect from April 19, 2010) for :
(d)  337[Majlis-e-Shoora (Parliament)] 337 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.
337   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".
338   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  339[Majlis-e-Shoora (Parliament)] 339 which  340[Majlis-e-Shoora (Parliament)] 340 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  341[Majlis-e-Shoora (Parliament)] 341, 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.
 
339   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".
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   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".
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".
343   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i) (with effect from April 19, 2010) for "two".
344   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(i) (with effect from April 19, 2010) for "two".
345   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".
346   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 51(ii) (with effect from April 19, 2010) for "in either List".
347   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".
348   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  349[Majlis-e-Shoora (Parliament)] 349 under clause (1).
 
349   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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