h1

P L D 1957 LAHORE 142

THE STATE

V/S

ABDUL GHAFFAR KHAN (BACHA KHAN)

(a) Constitution of Pakistan(1956), Article. 216, 43, 224.
Constitution of Pakistan(1973), Article.238,239, 50, 268.

Article 216 talks about the amendment of Article 1, what is meant is not the abolition of the sovereignty of Pakistan on any part of the territories mentioned in Article 1 but only the readjustment of the Provinces or breaking up of any of the Provinces into parts. [p.177]N N

Parliament of Pakistan–Not supreme like Parliament of England–Constitution of Pakistan, Art. 43.

The Parliament of Pakistan has only those powers which have been given to it by the Constitution and not being supreme like the Parliament of England, can pass only those laws which the Constitution creating it has given it the power to pass. [p. 177]S

Constitution of Pakistan, Art, 224–Power to make adaptations–Scope–Penal Code (XLV of 1860), S. 153-A–Whether applicable after enforcement of Constitution–Necessity of adapting section.

Held, that all necessary adaptations did not become automatically effected by reason of the first clause of Article 224 as soon as the new Constitution came into force. [p.192]V V

Under Article 224 of the Constitution as it stood before the President issued his Order XV of 1956 on the 12th of November 1956, it was not open to anyone but the President or a Governor of a Province if authorised by the President with respect to the matters mentioned in the Provincial List, to make any adaptation in any of the laws in force at the time of the enforcement of the Constitution.[p. 192]W

The specification of adaptations in section 153-A of the P. P. C. is more necessary than it may be in regard to the majority of the other provisions of [aw because even if not a single word of this section as it stood on the 23rd of March 1956, is changed, the section will not become a dead letter because though it may not be applicable to the promotion of Pakistan who ceased to be subjects of Her Majesty on the 23rd of March 1956, it will still apply if feelings of enmity and hatred are promoted between different classes of the subjects of Her Majesty who may be residing in Pakistan. [p. 193]X

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: