Provided
that nothing in paragraph (c) shall authorize the Federal Government
to assume to itself, or direct the Governor of the Province to assume
on its behalf, any of the powers vested in or exercisable by a High
Court, or to suspend either in whole or in part the operation of
any provisions of the Constitution relating to High Courts.
(3)
The power of [Majlis-e-Shoora (Parliament)] to make laws
for a Province with respect to any matter shall include power to
make laws conferring powers and imposing duties, or authorizing
the conferring of powers and the imposition of duties upon the Federation,
or officers and authorities of the Federation, as respects that
matter.
(4)
Nothing in this Article shall restrict the power of a Provincial
Assembly to make any law which under the Constitution it has power
to make but if any provision of a Provincial law is repugnant to
any provision of an Act of [Majlis-e-Shoora (Parliament)] which
[Majlis-e-Shoora (Parliament)] has under this Article
power to make, the Act of [Majlis-e-Shoora (Parliament)], whether
passed before or after the Provincial law, shall prevail and the
Provincial law shall, to the extent of the repugnancy, but so long
only as the Act of [Majlis-e-Shoora (Parliament)] continues
to have effect, be void.
(5)
A law made by [Majlis-e-Shoora (Parliament)], which [Majlis-
e- Shoora (Parliament)] would not but for the issue of a Proclamation
of Emergency have been competent to make, shall, to the extent of
the incompetency, cease to have effect on the expiration of a period
of six months after the Proclamation of Emergency has ceased to
be in force, except as respects things done or omitted to be done
before the expiration of the said period.
(6)
While a Proclamation of Emergency is in force, [Majlis-
e- Shoora (Parliament)] may by law extend the term of the National
Assembly for a period not exceeding one year and not extending in
any case beyond a period of six months after the Proclamation has
ceased to be in force.
(7)
A Proclamation of Emergency shall be laid before a joint sitting
which shall be summoned by the President to meet within thirty days
of the Proclamation being issued and,
(a)
shall cease to be in force at the expiration of two months unless
before the expiration of that period it has been approved by a resolution
of the joint sitting; and
(b)
shall, subject to the provisions of paragraph (a), cease to be in
force upon a resolution disapproving the Proclamation being passed
by the votes of the majority of the total memberships of the two
Houses in joint sitting.
(8)
Notwithstanding anything contained in clause (7), if the National
Assembly stands dissolved at the time when a Proclamation of Emergency
is issued, the Proclamation shall continue in force for a period
of four months but, if a general election to the Assembly is not
held before the expiration of that period, it shall cease to be
in force at the expiration of that period unless it has earlier
been approved by a resolution of the Senate.
233.
(1)
Nothing contained in Articles 15, 16, 17, 18, 19, and 24 shall,
while a proclamation of Emergency is in force, restrict the power
of the State as defined in Article 7 to make any law or to take
any executive action which it would, but for the provisions in the
said Articles, be competent to make or to take, but any law so made
shall to the extent of the incompetency, cease to have effect, and
shall be deemed to have been repealed, at the time when the Proclamation
is revoked or has ceased to be in force.
(2)
While a Proclamation of Emergency is in force, the President may,
by Order, declare that the right to move any Court for the enforcement
of such of the Fundamental Rights conferred by Chapter 1 of Part
II as may be specified in the Order, and any proceeding in any Court
which is for the enforcement, or involves the determination of any
question as to the infringement, of any of the Rights so specified,
shall remain suspended for the period during which the Proclamation
is in force, and any such Order may be made in respect of the whole
or any part of Pakistan.
(3)
Every Order made under this Article shall, as soon as may be, be
laid before a joint sitting for approval and the provisions of clauses
(7) and (8) of Article 232 shall apply to such an Order as they
apply to a Proclamation of Emergency.
234.
(1)
If the President, on receipt of a report from the Governor of a
Province or otherwise, is satisfied that a situation has arisen
in which the Government of the Province cannot be carried on in
accordance with the provisions of the Constitution, the President
may, or if a resolution in this behalf is passed at a joint sitting
shall, by Proclamation,
(a)
assume to himself, or direct the Governor of the Province to assume
on behalf of the President, all or any of the functions of the Government
of the Province, and all or any of the powers vested in, or exercisable
by, any body or authority in the Province, other than the Provincial
Assembly;
(b)
declare that the powers of the Provincial Assembly shall be exercisable
by, or under the authority of, [Majlis-e-Shoora (Parliament)];
and
(c)
make such incidental and consequential provisions as appear to the
President to be necessary or desirable for giving effect to the
objects of the Proclamation, including provisions for suspending
in whole or in part the operation of any provisions of the Constitution
relating to any body or authority in the Province:
Provided
that nothing in this Article shall authorize the President to assume
to himself, or direct the Governor of the Province to assume on
his behalf, any of the powers vested in, or exercisable by, a High
Court, or to suspend either in whole or in part the operation of
any provisions of the Constitution relating to High Courts.
(2)
The Provisions of Article 105 shall not apply to the discharge by
the Governor of his functions under clause (1).
(3)
A Proclamation issued under this Article shall be laid before a
joint sitting and shall cease to be in force at the expiration of
two months, unless before the expiration of that period it has been
approved by resolution of the joint sitting and may by like resolution
be extended for a further period not exceeding two months at a time;
but no such Proclamation shall in any case remain in force for more
than six months.
(4)
Notwithstanding anything contained in clause (3), if the National
Assembly stands dissolved at the time when a Proclamation is issued
under this Article, the Proclamation shall continue in force for
a period of three months but, if a general election to the Assembly
is not held before the expiration or that period, it shall cease
to be in force at the expiration of that period unless it has earlier
been approved by a resolution of the Senate.
(5)
Where by a Proclamation issued under this Article it has been declared
that the powers of the Provincial Assembly shall be exercisable
by or under the authority of [Majlis-e-Shoora (Parliament)], it
shall be competent-
(a)
to [Majlis-e-Shoora (Parliament)] in joint sitting to confer on
the President the power to make laws with respect to any matter
within the legislative competence of the Provincial Assembly;
(b)
to [Majlis-e-Shoora (Parliament)] in joint sitting, or
the President, when he is empowered under paragraph (a), to make
laws conferring powers and imposing duties, or authorizing the conferring
of powers and the imposition of duties, upon the Federation, or
officers and authorities thereof;
(c)
to the President, when [Majlis-e-Shoora (Parliament)]
is not in session, to authorize expenditure from the Provincial
Consolidated Fund, whether the expenditure is charged by the Constitution
upon that fund or not, pending the sanction of such expenditure
by [Majlis- e- Shoora (Parliament)] in joint sitting;
and
(d)
to [Majlis-e-Shoora (Parliament)] in joint sitting by
resolution to sanction expenditure authorized by the President under
paragraph (c).
(6)
Any law made by [Majlis-e-Shoora (Parliament)] or the President
which [Majlis-e-Shoora (Parliament)] or the President would not,
but for the issue of a Proclamation under this Article, have been
competent to make, shall, to the extent of the incompetency, cease
to have affect on the expiration of a period of six months after
the Proclamation under this Article has ceased to be in force, except
as to things done or omitted to be done before the expiration of
the said period.
235.
(1)
If the President is satisfied that a situation has arisen whereby
the economic life, financial stability or credit of Pakistan, or
any part thereof, is threatened, he may, after consultation with
the Governors of the Provinces or, as the case may be, the Governor
of the Province concerned, by Proclamation make a declaration to
that effect, and while such a Proclamation is in force, the executive
authority of the Federation shall extend to the giving of directions
to any Province to observe such principles of financial propriety
as may be specified in the directions, and to the giving of such
other directions as the President may deem necessary in the interest
of the economic life, financial stability or credit of Pakistan
or any part thereof.
(2)
Notwithstanding anything in the Constitution, any such directions
may include a provision requiring a reduction of the salary and
allowances of all or any class of persons serving in connection
with the affairs of the Province.
(3)
While a Proclamation issued under this Article is in force the President
may issue directions for the reduction of the salaries and allowances
of all or any class of persons serving in connection with the affairs
of the Federation.
(4)
The provisions of clauses (3) and (4) of Article 234 shall apply
to a Proclamation issued under this Article as they apply to a Proclamation
issued under that Article.
236.
(1)
A Proclamation issued under this part may be varied or revoked by
a subsequent Proclamation.
(2)
The validity of any Proclamation issued or Order made under this
Part shall not be called in question in any court.
237.
Nothing
in the Constitution shall prevent [Majlis-e-Shoora (Parliament)]
from making any law indemnifying any person in the service of the
Federal Government or a Provincial Government, or any other person,
in respect of any act done in connection with the maintenance or
restoration of order in any area in Pakistan.
