Constitution of Pakistan 1973.
Inconsistency between Federal and Provincial law
[143. If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-eShoora (Parliament) is competent to enact, then the Act of Majlis-eShoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.]
2014 SCMR 535
143---Inconsistency between Federal and Provincial law---Under provisions of Art. 143 of the Constitution, laws enacted by Parliament had been given over-riding and superimposing effect over laws enacted by a Provincial Assembly of any of the Provinces, and in case of any clash or repugnancy between the two, the laws enacted by the Parliament prevailed---On the touchstone of Art. 143 of the Constitution, an Act of Parliament had been placed on a higher pedestal and any Provincial law enacted by a Provincial Assembly shall give way to the Federal law enacted by Parliament, if the former was inconsistent or repugnant to the latter.
2014 PLC 203
143---Inconsistency between Federal and Provincial law---Under provisions of Art. 143 of the Constitution, laws enacted by Parliament had been given over-riding and superimposing effect over laws enacted by a Provincial Assembly of any of the Provinces, and in case of any clash or repugnancy between the two, the laws enacted by the Parliament would prevail---On the touchstone of Art.143 of the Constitution, an Act of Parliament had been placed on a higher pedestal and any Provincial law enacted by a Provincial Assembly shall give way to the Federal law enacted by Parliament, if the former was inconsistent or repugnant to the latter.
PLD 2009 SUPREME-COURT 507
Constitution of Pakistan (1973), Art.143---Act to override other laws---Held, on account of S.3, Bonded Labour System (Abolition) Act, 1992 explicitly conferring overriding effect to its provisions, any provision in an earlier law repugnant thereto would be void and inoperative---On account of mandate of Art.143, Constitution, provisions of Bonded Labour System (Abolition) Act, 1992, would prevail upon any existing law being made by a Provincial Legislation.
PLD 2006 SUPREME-COURT 697
Arts. 8 & 143---Inconsistency of laws---Constitution being a basic document is always treated to be higher than other statutes and whenever a document in the shape of -law given by the Parliament or other competent authority is in conflict with the Constitution or is inconsistent then to that extent the same is liable to be declared unconstitutional---Principles.
PLD 2005 SUPREME-COURT 1
Preamble---Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Ordinance (II of 2000), Preamble---Constitution of Pakistan (1973), Art. 143, 184(3) and Concurrent Legislative List, Fourth Schedule, Item 5---Constitutional petition before Supreme Court under Art. 184(3) of the Constitution---Petitioner had challenged the vires of Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Ordinance, 2000 whereby restriction on wasteful expenses on the occasion of marriage had been imposed and the vires of Punjab Marriage Functions (Prohibition of Ostentations Displays and Wasteful Expenses) Act, 2003 limiting the number of invitees to 300 and placing restriction of one dish food only thereunder---
1999 PLC(CS) 1222
----Arts. 141, 142 & 143---Distribution of legislative, powers --- Conflict between the Federal Legislature and Provincial Legislature---Resolution by judiciary---In the event of any inconsistency between the Federal Law ar Provincial Law, the mandate of the Constitution, as contained in Art. 143 is to prevail---Principles---Doctrine of occupied field---Applicability.
1999 SCMR 1477
Arts. 141, 142 & 143 --- Distribution of legislative powers --- Conflict between the Federal Legislature and Provincial Legislature --- Resolution by judiciary --- In the event of any inconsistency between the Federal Law and Provincial Law, the mandate of the Constitution, as contained in Art. 143 is to prevail--Principles --- Doctrine of occupied field --- Applicability.
1993 SCMR 941
----Art.143---West Pakistan Pure Food Ordinance (VII of 1960), Preamble--Cantonments Pure Food Act (XVI of 1966), Preamble---Inconsistency between Federal and Provincial Laws---Clear cut overlapping of jurisdiction of the functionaries under West Pakistan Pure Food Ordinance, 1960 (Provincial Statute) and Cantonments Pure Food Act, 1966 (Federal Statute) was likely to result in divergent actions and conflicting orders and it was not possible to harmonize the provisions of the two enactments and remove the inconsistency---Two enactments, thus, could not co-exist---West Pakistan Pure Food Ordinance, 1960 being a provincial statute, so far as Cantonment area was concerned, was to give way to the Cantonments Pure Food Act, 1966 which was a Federal Statute.
1991 SCMR 552
Constitution of Pakistan (1973), Arts. 185(3) & 143---Leave to appeal was granted to examine the questions that S.2 of the Act had purported to reopen the orders passed by the Rehabilitation Authorities which had attained finality under the Central Laws made for the rehabilitation and settlement of the refugees and the Schemes made there under and Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975 was ultra vires and hit by the provisions contained in Art.143 of the Constitution; that in so far as S.3 of the said Act enabled the contenders to move the relevant Authorities appointed there under, its provisions were repugnant to the Evacuee Property and Displaced Persons Laws (Repeal) Ordinance, 1974 as the orders passed there under had attained finality by virtue of S.6, General Clauses Act, 1897 and could not be re-opened in this manner in contravention of the provisions contained in Art. 143, Constitution of Pakistan; that the said Act by permitting the adjudication upon private rights of the parties constituted as unauthorised encroachment upon the judicial field and therefore, suffered from Constitutional invalidity; that persons having acquired rights in the lands in dispute on the hypothesis that the widow was a full owner their entitlement stood clinched by efflux of time under the Limitation Act, 1908 which was a Central Statute and this could not have been undone by the said Act of 1975 and that the said Act also enabled the alienations in favour of bona fide purchasers for valuable consideration to be challenged in conflict with the provisions contained in S.41, Transfer of Property Act, 1882 and other cognate matters forming the subject-matter of the; Central Statutes.
1987 SCMR 1747
---Arts. 185(3) & 143--Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975), Ss. 1, 3 & 4--Leave to appeal, grant of--Interpretation of constitutional provisions--Vires of provisions of Act (XXV of 1975)--Land settlement--Limited owner--Alienation of property--Effect of--Leave to appeal granted to examine questions of general importance pertaining to interpretation of constitutional provisions that (i) whether section 2 of the Act had purported to reopen the orders passed by the Rehabilitation Authorities which had attained finality under the Central laws made for the rehabilitation and settlement of the refugees and the schemes made there under and thus, the Punjab Act was ultra vires and hit by the provisions contained in Article 143 of the 1973 Constitution; (ii) that in so far as section 3 of the Act enables the contenders to move the relevant authorities appointed thereunder, its provisions were repugnant to the Evacuee Property and Displaced Persons Laws (Repeal)
2019 CLC 155
Art. 143---Inconsistency between Federal and Provincial Laws---Effect---If any provision of an Act of Provincial Assembly was repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which it was competent to enact then the Act of Majlis-e-Shoora (Parliament) whether passed before or after the Act of Provincial Assembly would prevail and the Act of Provincial Assembly would be void to the extent of the repugnancy.
PLD 2017 Lahore 489
. 154, 153, 142, 143 & Fourth Sched. Part II---Cooperative/ participatory federalism---Council of Common Interest (CCI)---Constitutional role and importance of the CCI under Art.154 of the Constitution over matters falling in Part-II of the Federal Legislative List---Scope---Legislative subjects under Part-II of the Federal Legislative List required a coordinated and intergovernmental policy and the CCI was to formulate and regulate policies in relation to matters in Part-II of the Federal Legislative List and to exercise supervision and control over related institutions---CCI also acted as an intergovernmental forum to avoid conflict and dysfunctionality between the policies of the provinces and the federation under vertical sharing of power and encouraged cooperative federalism and strengthened provincial autonomy---CCI could also formulate and regulate policies in respect of matters in Part-II of the Federal Legislative List and Constitutional wisdom behind this was to embed and mainstream participatory and cooperative federalism in national governance---Such policies, with Constitutional fiat behind them, may be considered by the Legislature while legislating on subjects falling under Part-II of the Federal Legislative List so that the footprint of Provincial autonomy and Federalism was visible in a proposed legislation which was also a constitutional requirement as Art.142 of the Constitution had been made subject to the Constitution.
Federal system of Government---Concept of "federalism" generally, and under the Constitution of Pakistan---Federal and Provincial authority and distribution of legislative authority---Structure, distribution and redistribution authority under the "Federal Principle" of the Constitution and concept of cooperation, as part of the Constitution---Features of "federalism", extensively explained.
Arts. 142 & 143---Relations between Federation and Provinces---Distribution of Legislative Powers---Overlap of legislative competence between Provinces and Federation---Nature, scope and interpretation of Arts.142 & 143 of the Constitution---Cooperative federalism as a tool for interpretation of the Constitution---Subject-matter of Federal and Provincial laws---Inconsistency between Federal and Provincial Law---Legislative overlap, resolution of---Cooperative / participatory federalism---Scope---Cooperative Federalism, being an intrinsic part of Constitutional design, was also an effective and potent interpretative tool for the courts---Overlap in legislative space between the Federation and the Province and the limits of exclusivity under Art.142 of the Constitution could be resolved through purposive interpretation with said Constitutional purpose in mind---Article 142 of the Constitution opened with words, "subject to the Constitution," which meant that while interpreting said Article, other provisions of the Constitution and foundational Constitutional principles envisaged in the Constitution would take preference over Art.142 of the Constitution---Legislative subjects where there was overlap, had to be contextualized within the Constitutional architecture of Federalism and made to coexist under principles of cooperative federalism---Courts must, therefore, favour functional coexistence of the Federal and Provincial statutes in cases where there was vertical sharing or an overlap of legislative powers---Cooperative federalism flowing through the Constitution helped prevail over and dilute the exclusivity of Art.142 into a more workable and Constitutionally compliant inclusivity; giving both the Legislatures space to co-exist and only in cases of irreconcilable inconsistency between the Federal and Provincial statutes, Art.143 of the Constitution provided a solution, but only as a last recourse.
Arts. 142 & 143---"Federal Principle"---Concept of Federalism in the Constitution---Relations between Federation and Provinces---Distribution of Legislative Powers---Overlap of legislative competence between Provinces and Federation---Reading exclusivity of Federal legislative competence under Art.142(a) of the Constitution in situations where there was vertical sharing of legislative power between Federation and Province(s)---Cooperative/participatory federalism, concept of---Cooperative federalism as an intrinsic part of the Constitution of Pakistan---Horizontal and vertical sharing of Legislative powers between the Provinces and Federation---Concept of cooperative federalism prevails over and dilutes legislative exclusivity in Art.142 of the Constitution into a workable and Constitutionally compliant inclusivity---Nature, scope and extent of legislative exclusivity of Art.142 of the Constitution---Application of Art.143 of the Constitution in situations where Federal and Provincial Legislatures were locked in an unavoidable and ineluctable direct conflict---Concept of cooperative / participatory federalism, in the context of legislative powers of the Federation and the Provinces, extensively discussed.
Arts. 142, 143, 141 Preamble & Fourth Sched. Part II, Item No.12----Cooperative/participatory federalism---Overlap of legislative competence between Provinces and Federation---Standards in institutions for higher education and research, scientific and technical institutions---Question before the High Court was "whether legislative power to set standards in education was exclusivity in the federal legislative domain, or whether subject of "education" falling also in the unwritten Residuary list, empowered Provinces to legislate on the subject"---Held, that while standards in institutions of higher education was a federal legislative subject, it also, indubitably, fell within the larger Provincial legislative subject of "education" and there was therefore an overlap of legislative competence in the area of education and standards of higher education between the Federation and the Provinces---Principle of "cooperative federalism" led to an understanding of Entry No. 12 of the Fourth Schedule to the Constitution---Federal or national standards by design would always be the baseline minimum national standards, reflective of national integrity and unity and such overarching national architecture of minimum standards provided a baseline for institutions of higher education---Provincial public sector universities and provincial governments exercising their legislative power under the Residuary List were fully empowered to go beyond these minimum standards by setting their own higher standard of excellence and Federation could not stifle or stunt the progress of higher education in the Provinces---In case of vertical power sharing, as in the case of education, federalism encouraged cooperation and interdepartmental coordination, which took the form of participatory or cooperative federalism---Federation could set standards in institutions of higher education, however, they would always pass as minimum or mean standards as they cater to all the public sector universities in the country and simultaneously, the Provinces were fully empowered to develop their own standards in institutions of higher education as long as they were not below the federal standards, which limitation supported national unity and the "federal principle".
PLD 2017 Lahore 830
142, 143 & 199---Legal Practitioners and Bar Councils Act, (XXXV of 1973) Ss. 55 & 56 ---Pakistan Bar Council Legal Education Rules, 2015 R. 4---University of Punjab Admission Regulations 2016-2017, Regln. 24---Cooperative federalism---Overlap of legislative competence between Provinces and Federation---Educational Institution---Public University---Legal education (LLB)---Admission criteria---Petitioner, which was an affiliated Law College of the University of Punjab, impugned letters issued by the University, whereby students holding third division in their intermediate examinations, were denied admission to LLB, on the ground that students must hold at least a second division to be eligible for admission---Contention of petitioner inter alia was that the Rule 5 of Pakistan Bar Council Legal Education Rules, 2015, framed under Legal Practitioners and Bar Councils Act, 1973 did not provide a minimum threshold of second division for LLB program, therefore, the University Regulations, framed under a Provincial Law, could not override the same---Validity---Regulation 24 of the University of Punjab Admission Regulations 2016-2017 included all Bachelors and Masters programs and ineligibility of students holding third division was clearly laid down by the University since the year 2011 and the petitioner, being an affiliated law college , was bound to follow such statutory requirement---Federal law on the subject, catered to all Provinces and set an overarching standard that addressed legal education across the country and Provincial legislature also enjoyed independent legislative space to legislate on legal education under the rubric of education but only to the extent of improving and enhancing the overarching, general, countywide standards in legal education set by the Federal Legislature---Such two powers had been reconciled on the principle of cooperative federalism and Provincial Legislature was free to improve upon standards set by the Federal legislature by setting more robust and stringent standards for admission in the Province---High Court further observed that the Provincial Legislature could not lower standards set by the Federal Legislature and held that the minimum eligibility threshold of second division for admission into LL.B imposed under by the University was in accordance with the Constitution and the law---Constitutional petitions were dismissed, in circumstances.
2012 CLD 846
Art. 143 & Fourth Sched., Federal Legislative List, Item No.29---Insurance Ordinance (XXXIX of 2000), Ss.122(1)(a) & 122(3)---Punjab Consumer Protection Act (II of 2005), Ss.2(c)(ii) & 13---Inconsistency between Federal and Provincial law---Laws framed in exercise of authority conferred by Item No. 29 of the Federal Legislative List in the Fourth Sched. to the Constitution, as competent federal legislation prevailed over conflicting provincial legislation under Art. 143 of the Constitution---Provisions of a special law on a subject excluded the application of a general law to such subject.
PLD 2004 Lahore 733
Constitution of Pakistan (1973), Arts. 25, 37, 143 & 199---Examination Reforms and Internal Assessment System for Classes 9, 10, 11 & 12 (2002-2003)---Intra-Court appeal--
2004 PLC(CS) 373
Constitution of Pakistan (1973), Arts. 143 & 199---Constitutional petition---Appointment---Eligibility of candidate---Petitioners/candidates pursuant to an advertisement issued by Public Service Commission, for appointment of Assistant Professors of Surgery, filed applications for such appointment---Petitioners, however. were refused to be interviewed on the ground that because of their tow percentage of marks in M.B.,B.S., they could not be interviewed--Pakistan Medical and Dental Council Regulations, 1985 framed under S.33 of Pakistan Medical and Dental Council Ordinance, 1962, had provided that if a candidate was qualified and had requisite experience, then the merit was to be inter-judged with reference to preferences of priority and first preference was Teaching experience, second preference was practical experience after Post-Graduation and third preference was practical experience before Post-Graduation---Provincial Government had taken the plea that according to Punjab Health Department (Medical and Dental Teaching Posts) Rules, 1979, no provision existed with regard to preference of teaching or practical experience ---Validity--Pakistan Medical and Dental Council Regulations, 1985 framed by Pakistan Medical and Dental Council, in exercise of powers under Pakistan Medical and Dental Council Ordinance, 1962, which was a Federal Statute was in conflict with provisions of Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979 which was a Provincial Statute---Provincial Statute would have to give way to Federal. Statute in view of provisions of Art. 143 of the Constitution---High Court, accepting Constitutional petition, directed that Public Service Commission would evaluate petitioners/candidates strictly in accordance with Pakistan Medical and Dental Council Regulations, 1985 by observing order of preference prescribed therein.
PLD 2003 Lahore 752
Contstitution of Pakistan (1973), Art.143---Jurisdiction of Health Sciences University---Exemption of Medical Institutions from affiliation---Subject to Art.143 of the Constitution of Pakistan, all the medical institutions under the administrative control of the Provincial Government and the medical institutions in the private sector in the territorial limits of Punjab are under a mandate of the new law to affiliate with the University of Health Sciences within such time and on such terms and conditions which may be prescribed subject of course to the power of the Provincial Government to exempt any medical institution in terms of S.5 of the said Ordinance---Order of exemption of King Edward Medical College, Lahore and Fatima Jinnah Medical College, Lahore is, therefore not without lawful authority.
2001 PLC(CS) 383
143---Constitutional petition---Payment of contribution---Demand notice, issuance-of ---Services of the petitioner had been declared as essential services under the provisions of Pakistan Essential Services Maintenance Act, 1952---Contention of the petitioners was that the provisions of Provincial Employees'Social Security Ordinance, 1965, were not applicable and the demand of the contribution under the provincial statute was illegal---Validity---Pakistan Essential Services Maintenance Act, 1952, was a federal law applicable to any employment under the Federal Government and to any employment or class of employment to which the Act was made applicable and the same was a special law, whereas Provincial Employees' Social Security Ordinance, 1965 was a Provincial law as such not only in view of Art. 143 of the Constitution but also for the reasons that the field was already occupied by a federal and special law, the Ordinance had to give way to the Act---Where there was a declaration by the Federal Government in respect :of employment of the petitioners as essential service under the provisions of Pakistan Essential Services Maintenance Act, 1952, notification under S.1(3) of Provincial Employees' Social Security Ordinance, 1965, by Provincial Government was not operative qua the petitioner as such the notification was not a lawful exercise of power
2000 MLD 396
Constitution of Pakistan 1973 ----Art. 143, Sched. IV, Item No.2---Cantonments Act (II of 1924), Ss. 198, 199, 200 & 202---Punjab Agricultural Produce Markets Ordinance (XXIII of 1978), Ss.3, 4, 5, 8 & 9---Right to set up a public or private market in Cantonments areas---Special law overrides the general law, principle of---Applicability---Power of Federal Legislature to legislate in respect of the areas forming part of the Cantonment or the power of Provincial Legislature to legislate in respect of those areas in certain cases--Subject of Cantonments, their regulations, constitution and administration was covered by the Federal Legislative List---Provincial Legislature could not legislate in respect of areas covered by Item No.2 of the IVth Sched. to the Constitution---Cantonments Act, 1924 was not only a Federal Law but was also a law which specifically dealt with areas forming part of Cantonments---In view of principle that special law overrides the general law; the Cantonments Act, 1924, must prevail over the Punjab Agricultural Produce Markets Ordinance, 1978---Right to set up a market in the Cantonments, under the various provisions of the Cantonments Act, 1924 vested in the Cantonment Boards and the Provincial Government could not notify any area of the Cantonment Board to be a market under S.3 of Punjab Agricultural Produce Markets Ordinance, 1978---No market could be set up in the Cantonment area except by or with the permission of the Cantonment Board--[Khan Umar Khan v. Market Committee, Jhelum PLD 1972 Lah. 497 dissented from].
1998 MLD 1411
Constitution of Pakistan 1973 ----Arts. 142 & 143---Distribution of legislative powers---Scope and application of Arts. 142 & 143, Constitution of Pakistan.
1996 PLC 373
Constitution of Pakistan (1973), Arts. 143 & 268--Inconsistency between Federal and Provincial Law---Punjab Employees Special Allowance (Payment) Act, 1988 being a Provincial law cannot override the West Pakistan Employees' Social Security Ordinance, 1965 and West Pakistan Minimum Wages for Unskilled Workers Ordinance, 1969 which are Federal Laws mentioned in Concurrent Legislative List of the Constitution of Pakistan.
PLD 1995 Lahore 56
Constitution of Pakistan (1973), Art. 143---Inconsistency between Federal and Provincial Laws---Provision of S.24(2) as amended by Provincial Statute and as amended by Federal Statute in respect of the same matter---Mode to resolve inconsistency between Provincial Statute and Federal Statute under Art.143, Constitution of Pakistan---Where any provision of Provincial Statute was in conflict with any provision of Federal Statute, then Federal Law would prevail and Provincial Law, would, to the extent of, repugnancy or conflict, be void---Both the provisions of S.24(2), one amended by Provincial Statute and the other by Federal Statute cannot stand together as the one conferred right of appeal while the other took away said right---Both provisions (as per respective amendments) being in respect of the same matter, the provision of Federal Law have to prevail by virtue of Art. 143 of the Constitution.--[Interpretation of statutes].
1995 PLC(CS) 188
Constitution of Pakistan (1973), Art 143---Vires of notification issued under S. 22, Punjab Civil Servants Act, 1974 (a Provincial Statute) prescribing qualification, for the post of Associate Professor of Medicine on the touchstone of Regulations issued under Medical Council Ordinance, 1962 (Central Statute), prescribing allegedly different qualifications for the same post---Notification issued under S. 22, Punjab Civil Servants Act, 1974, prescribing qualifications for the said post was not ultra vires in terms of Art. 143 of the Constitution for the reason that petitioner being a civil servant, his appointment was to be governed by Punjab Civil Servants Act, 1974 and not through the Regulation issued under S. 33, Medical Council Ordinance, 1962.
1995 CLC 1409
Constitution of Pakistan (1973), Arts. 143 & 199---Vires of Provincial Statute on the touchstone of Federal Statute---Medical and Dental Council constituted under Federal Statute viz Medical Council Ordinance, 1962, had recognised foreign qualifications of a Doctor equivalent to similar qualification obtained from Universities of Pakistan and had recommended to Provincial Government to amend Sched II of Punjab Health Department Medical and Dental Teaching Posts) Service Rules, 1979 (whereby degree of Pakistan Universities has been placed at a higher level than that of equivalent degree obtained from foreign Universities) and bring it at par with its recommendations---Punjab Government declined to do so and for the post of Assistant Professor (Plastic Surgery) it directed Public Service Commission to act in accordance with the Rules of Recruitment framed by it---Public Service Commission called those. candidates for interview who had got their degrees from Pakistan while it did not call for interview doctors holding equivalent qualifications from foreign Universities---Effect---Article 143 of the Constitution envisages that in the event of provision of a statute being repugnant to Federal Statute, provision contained in the latter would prevail and provision of Provincial Statute to the extent of repugnancy would be void---Rule contained in Sched. II, Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979, by which a person duly recognized by the Council functioning under the Federal Statute as having qualifications equivalent or at par or otherwise eligible was placed inferior to persons holding qualifications declared equivalent, was unconscionable unjust, unfair and of no legal effect--Petitioner's qualification being equivalent and at par with other candidate he was entitled to be called for interview and Provincial Government was directed to amend the relevant Rules as per recommendations of Medical Council.
1989 PLC(CS) 752
Constitution of Pakistan (1973), Art. 143--Notification No.SOR-III-1-6/81, dated 17th October, 1981, issued by Punjab Government amending Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1981 in purported exercise of its powers under S.23 of Punjab Civil Servants Act, 1974 being in conflict with provisions of S.33(2) of Medical Council Ordinance, 1962, was ultra vices-Regulations made by Pakistan Medical and Dental Council would prevail and the Provincial Rules to the extent of repugnancy would be void.
PLD 1985 Lahore 358
Constitution of Pakistan (1973), Arts. 268(7), 142 & 143-Regulations published by a Federal Authority and Rules promulgated by Provincial Government = Question whether two standing provisions of viz. Pakistan Medical and Dental Council Ordinance, 1962, S. 33 and Punjab Health Department (Medical and Dental Teaching Posts) Service Rules, 1979 could co-exist-Federal law, held, prevailed, and provincial law to the extent of repugnancy was void -Two competing laws when enact two divergent provisions, Federal law must prevail -Two provisions when entirely irreconcilable, repugnancy could be deemed to exist-- New law when abridges some right conferred by existing law or directly or indirectly interfered with such right, repugnancy could be said to be in existence-Regulations framed by Federal Government being
PLD 1978 Lahore 1298
Arts. 8, 143, 232(4), 233 & 268 read with Arts. 184(3) & 199, Part II, Chap. I and Criminal Law Amendment Act (XIV of 1908), Ss. 16 & 17-A-Word "void"-Meaning and import-Laws inconsistent with Constitution-Do not die, neither still-born non est or nonexistent nor effaced or obliterated from statute book: Such law exists totally to be applicable to pre-Constitutional matters and also to those to whom Fundamental Rights afford no protection and may re-appear to be operative as soon as Fundamental Rights or supreme law cease to exist-Criminal Law Amendment Act, 1908, continued in force under Art. 268-Fundamental Rights remain in existence during Proclamation of Emergency but no remedy available during such period in presence of an order under Art. 233(2)-Executive actions contemplated in Art. 233(1) necessarily concern future legislation and not any of void existing laws-Criminal Law Amendment Act, 1908, inconsistent with Fundamental Right No. 17, void and so unenforceable and, therefore, not available for any e
1975 PCRLJ 1413
--- S. 2 read with Constitution of Pakistan (1973), Art. 143-Vires of Statutes-Federal Legislature competent to frame law in nature of Removal of Accused Persons Act, 1973-Act, however, could not be interpreted or applied to achieve more than what is necessary for accomplishing removal of accused from one province to another-Transfer of accused-Not made for altering venue of trial or impairing accused's vested rights.
