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Article: 264 Effect of repeal of laws

 

1[264.  Effect of repeal of laws.]—Where a law is repealed, or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not, except as otherwise provided in the Constitution,—

(a)  revive anything not in force or existing at the time at which the repeal takes effect;

(b)  affect the previous operation of the law or anything duly done or suffered under the law;

(c)  affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;

(d)  affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or

(e)  affect any investigation, legal proceeding or remedy  in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealed.

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Footnotes:

1. Section 2 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010) (w.e.f April 19, 2010), subject to Art. 264 and the provisions of the Constitution (Eighteenth Amendment) Act, 2010 :

(a) declared the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002), “…..to have been made without lawful authority and of no legal effect” and, therefore…(stood) repealed” ; and

(b) Repealed the Constitution (Seventeenth Amendment), Act, 2003 (III of 2003), which received the assent of the President on December 31, 2003.


Comparative Table of Article 264 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :

250

Constitution of Pakistan 1956 :

219

Constitution of India 1950:

Government of India Act 1935:

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Leading & Latest Cases on Article 264 of the Constitution of Pakistan, 1973:

P L D 1977 SC 397  FEDERATION OF PAKISTAN AND OTHERS  UNITED SUGAR MILLS LTD. KARACHI
1994 PTCL 424
M/S. A.G.E.ELECTRIC CO.
 GOVERNMENT OF PAKISTAN AND ANOTHER
P L D 1999 LAHORE 320 MAHMOOD HASAN HARVI FEDERATION OF PAKISTAN Through Secretary Interior,Government of Pak.
P L D 2000 SC 26 FEDERATION OF PAKISTAN AND OTHERS M. NAWAZ KHOKHAR AND OTHERS
2001 SCMR 1073 JANNAT-UL-HAQ AND 2 OTHERS ABBAS KHAN AND 8 OTHERS
P L D 2002 SC 495 UMAR BAZ KHAN THROUGH LEGAL HEIRS SYED JEHANZEB AND 16 OTHERS
 

 

 
 
 
 

 

 

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