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Article: 268 Continuance in force, and adaptation of, certain laws

268.  Continuance in force, and adaptation of, certain laws.(1)  Except as provided by this Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature.1[(2)] Omitted.

 

(3)  For the purpose of bringing the provisions of any existing law into accord with the provisions of the Constitution (other than Part II of the Constitution),the President may by Order, within a period of two years from the commencing day,  make such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient , and any such Order may be made so as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the Order.

 

(4)  The President may authorise the Governor of a Province to exercise, in relation to the Province, the powers conferred on the President by clause (3) in respect of laws relating to matters with respect to which the Provincial Assembly has power to make laws.

 

(5)  The powers exercisable under clauses (3) and (4) shall be subject to the provisions of an Act of the appropriate Legislature.

 

(6)  Any Court, tribunal or authority required or empowered to enforce an existing law shall, notwithstanding that no adaptations have been made in such law by an Order made under clause (3) or clause (4), construe the law with all such adaptations as are necessary  to bring it into accord with the provisions of the Constitution.

 

(7)  In this Article, “existing laws” means all laws (including Ordinances, Orders-in-Council, Orders, rules, bye-laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments having the force of law), in force in Pakistan or any part thereof, or having extra-territorial validity, immediately before the commencing day.

Explanation.In this Article, “in force” in relation to any law, means having effect as law whether or not the law has been brought into operation.

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Footnotes:

1. Section 94 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted clause (2) of Art. 268, (w.e.f. April 19, 2010).

(2)  The laws specified in the Sixth Schedule shall not be altered, repealed or amended a[, expressly or impliedly,] without the previous sanction of the President a[accorded after consultation with the Prime Minister b[:]

b[Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule shall stand omitted after six years.]

a. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the addition in clause (2) of Art. 268, (w.e.f. December 31, 2003).  Item 25 of the schedule to C.E.O. No. 24 of 2002, had inserted the said commas and words, after the word “amended”, in clause (2) of Art. 268 and had also added the said words, at the end thereof,  (w.e.f. August 21, 2002).

b. Section 9 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had substituted a colon, in place of the full stop at the end of clause (2) of Art. 268 and had added the proviso thereto, (w.e.f. December 31, 2003).


Comparative Table of Article 268 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
225
Constitution of Pakistan 1956 :
224
Constitution of India 1950:
372
Government of India Act 1935:
292-293

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Leading & Latest Cases on Article 268 of the Constitution of Pakistan, 1973:

P L D 1973 SC 49

 

P L D 1983 SC 457

STATE

 

FAUJI FOUNDATION AND ANOTHER

ZIA-UR-REHMAN AND OTHERS

 

SHAMIMUR REHMAN

 

 

P L D 1985 SC 159 INSPECTOR GENERAL OF POLICE PUNJAB LAHORE AND OTHERS MUSHTAQ AHMAD WARRAICH AND OTHERS
P L D 1988 SC 416 BENAZIR BHUTTO FEDERATION OF PAKISTAN AND OTHERS
P L D 1989 KARACHI 513 SHAUKAT HUSSAIN MST. RUBINA AND OTHERS
P L D 1998 LAHORE 296 MAHMOOD MAJID, DIRECTOR, ASIA FLOUR MILLS BWP (PVT) lTD BAHAWALPUR THE STATE AND 3 OTHERS
P L D 1999 LAHORE 244 SIEMEN PAKISTAN ENGINEERING COMPANY LIMITED THE PROVINCE OF PUNJAB Through Secretary Revenue Department
 
 
 

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