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Article: 8 Laws inconsistent with or in derogation of Fundamental Rights to be void

8. Laws inconsistent with or in derogation of Fundamental Rights to be void.- (1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.

(3) The provisions of this Article shall not apply to–

(a) Any law relating to members of the Armed Forces, or of the Police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or

1[(b) any of the-

(i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule;

(ii) other laws specified in, Part I of the First Schedule;]

and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.

(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in 2[Part II of the First Schedule] into conformity with the rights conferred by this Chapter:

Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.

Explanation.-If in respect of any law 3[Majlis-e-Shoora (Parliament)] is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.

(5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.

______________________________________________________

Footnotes:

1. Section 2 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), substituted paragraph (b) of clause 3 of Art. 8, in its present form, (w.e.f. November 21. 1975), in place of the paragraph as adopted in 1973, that read :
“(b) any of the laws specified in the first schedule as in force immediately before the commencing day a*[or as amended by any of the laws specified in that schedule;]
a* Section 3 of the Constitution (First Amendment) Act, 1974, added the said words to paragraph (b) of clause 3 of Art. 8, (w.e.f. May 4, 1974).

2. Section 2(b) of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), substituted the said words in place of the words “the First Schedule, not being a law which relates to, or is connected with economic reforms” in clause 4 of Art. 8, (w.e.f November 21, 1975).

3. See Footnote 2 of Article 1.


Comparative Table of Article 8 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
6
Constitution of Pakistan 1956 :
4
Constitution   of   India    1950:
13
Government of India Act 1935:


___________________________________________________________

Leading & Latest Cases on Article 8 of the Constitution of Pakistan, 1973 :

P L D 1958 SC 533

P L D 1977 SC 397

 STATE
FEDERATION OF PAKISTAN AND OTHERS
DOSSO AND ANOTHER
UNITED SUGAR MILLS LTD. KARACHI
P L D 1988 SC 416  BENAZIR BHUTTO  FEDERATION OF PAKISTAN AND OTHERS
P L D 1990 SC 295
SHRIN MUNIR AND OTHERS
  GOVERNMENT OF PUNJAB AND ANOTHER
P L D 1990 KARACHI 342  FARHAT JALEEL AND OTHERS PROVINCE OF SINDH AND OTHERS
1996 MLD 1078
DR. SUHAIL ABBAS KHAN
PUNJAB PROVINCE THROUGH CHEIF SECRETARY, CIVIL SECRETARIAT, LAHORE
P L D 2004 LAHORE 599 MUHAMMAD FIAZ GOVERNMENT OF THE PUNJAB AND OTHERS
P L D 2005 LAHORE 428 SYEDA SHAZIA IRSHAD BOKHARI GOVERNMENT OF PUNJAB
P L D 2005 SC 719  PAKISTAN LAWYERS FORUM AND OTHERS  FEDERATION OF PAKISTAN AND OTHERS
P L D 2007 KARACHI 139 SALEEM RAZA AND OTHERS THE STATE
P L D 2007 LAHORE 568 ANOOSHA SHAIGAN LAHORE UNIVERSITY OF MANAGEMENT SCIENCE THROUGH CHANCELLOR AND OTHERS
2009 CLD 257  MUHAMMAD UMAR RATHORE  FEDERATION OF PAKISTAN
P L D 2009 LAHORE 240  CH. MOHAMMAD ISHAQUE ADVOCATE  CANTONMENT EXECUTIVE OFFICER, CHUNION, DISTRICT KASUR
P L D 2010 SC 1  DR. MOBASHIR HASSAN & OTHERS  FEDERATION OF PAKISTAN

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