h1

Article: 142 Subject-matter of Federal and Provincial laws

142.  Subject-matter of Federal and Provincial laws.—Subject to the Constitution—

(a) 1[Majlis-e-Shoora (Parliament)] shall have exclusive power to make laws with respect to any matter in the Federal Legislative List;

2[(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence.]

3[(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 matter not enumerated in the Federal Legislative List.]

4[(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.]


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Footnotes:

1.  See Footnote 2 on page 4.

2. Section 49(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted paragraph (b) of Art. 142, in its present form, (w.e.f. April 19, 2010), in place of the said paragraph of Art. 142. as adopted in 1973, that read :

(b) Majlis-e-Shoora (Parliament), and a Provincial Assembly also, shall have power to make laws with respect to any matter in the Concurrent Legislative List;

3. Section 49(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted paragraph (c) of Art. 142, in its present form, (w.e.f. April 19, 2010), in place of the said paragraph of Art. 142. as adopted in 1973, that read :

(c)  A provincial Assembly shall, and Majlis-e-Shoora (Parliament) 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

4. Section 49(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted paragraph (d) of Art. 142, in its present form, (w.e.f. April 19, 2010), in place of the said paragraph of Art. 142. as adopted in 1973, that read :

(d) Majlis-e-Shoora (Parliament) 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.


Comparative Table of Article 142 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
133
Constitution of Pakistan 1956 :
106(1)(2)(3)(4)
Constitution of India 1950:
246
Government of India Act 1935:
100

Leading & Latest Cases on Article 142 of the Constitution of Pakistan, 1973 :

P L D 1989 KARACHI 15  MUHAMMAD SHAFI AND OTHERS  WEALTH TAX OFFICER CIRCLE IV KARACHI AND OTHERS
P L D 1992 LAHORE 462
NATIIONAL INDUSTRIAL COOPERATIVE CREDIT CORPORATION AND ANOTHER
PROVINCE OF PUNJAB AND ANOTHER
1999 SCMR 1477  SHAMAS TEXTILE MILLS LTD AND OTHERS  THE PROVINCE OF PUNJAB AND 2 OTHERS
Messers SYED BHAIS (PVT.) LTD. through Company Secretaty
GOVERNMENT OF THE PUNJAB, EXCISE AND TAXATION DEPARTMENT
MESSRS I.C.C. TEXTILE LTD. AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS
PAKISTAN TOBACCO COMPANY LTD
GOVERNMENT OF N.W.F.P THROUGH SECRETARY
QUETTA TEXTILE MILLS LIMITED
PROVINCE OF SINDH THROUGH SECRETARY EXCISE AND TAXATION

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