h1

Article: 233 Power to suspend Fundamental Rights, etc., during emergency period

233.  Power to suspend Fundamental Rights, etc., during emergency period.—(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 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but any law so made shall, to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force.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 I 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 1[both Houses of Majlis-e-Shoora (Parliament) separately] for approval and the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to Proclamation of Emergency.

_________________________________________________________________________________

Footnotes:

1. Section 87 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words in place of the words “a joint sitting”, in clause (3) of Art. 233, (w.e.f. April 19, 2010).

_________________________________________________________________________________

Comparative Table of Article 233 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
30(9)
Constitution of Pakistan 1956 :
192(1)
Constitution of India 1950:
358
Government of India Act 1935:
45

_________________________________________________________________________________

Leading & Latest Cases on Article 233 of the Constitution of Pakistan, 1973 :

ZAHOOR AHMED AND OTHERS
THE FEDERATION OF PAKISTAN Through Secretary Ministry of Finance.
SARDAR FAROOQ AHMED KHAN LEGHARI
FEDERATION OF PAKISTAN AND OTHERS
syed JALAL MEHMOOD SHAH AND ANOTHER
FEDERATION OF PAKISTAN
FEDERATION OF PAKISTAN AND OTHERS
SHAUKAT ALI MIAN AND OTHERS
1999 CLC 607   SHAUKAT ALI MIAN AND ANOTHER  THE FEDERATION OF PAKISTAN
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
P L D 2008 SC 735  LET. GEN (R) SALAHUDDIN TIRMIZI  ELECTION COMMISSION OF PAKISTAN

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: