
Article: 233 Power to suspend Fundamental Rights, etc., during emergency period
233. Power to suspend Fundamental Rights, etc., during emergency period.—(1) Nothing contained in Articles 15, 16, 17, 18, 19, and 24 shall, while a proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 to make any law or take any executive action which it would, but for the provisions in the said Articles, be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force.
(2) While a Proclamation of Emergency is in force, the President may, by Order, declare that the right to move any Court for the enforcement of such of the Fundamental Rights conferred by Chapter I of Part II as may be specified in the Order, and any proceeding in any Court which is for the enforcement, or involves the determination of any question as to the infringement, of any of the Rights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in respect of the whole or any part of Pakistan.
(3) Every Order made under this Article shall, as soon as may be, be laid before 1[both Houses of Majlis-e-Shoora (Parliament) separately] for approval and the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to Proclamation of Emergency.
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Footnotes:
1. Section 87 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words in place of the words “a joint sitting”, in clause (3) of Art. 233, (w.e.f. April 19, 2010).
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Comparative Table of Article 233 of the Constitution of Pakistan, 1973: | |||
Constitution of Pakistan 1962 :
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30(9) | ||
Constitution of Pakistan 1956 :
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192(1) | ||
Constitution of India 1950:
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358 |
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Government of India Act 1935:
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45 |
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Leading & Latest Cases on Article 233 of the Constitution of Pakistan, 1973 :
ZAHOOR AHMED AND OTHERS
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THE FEDERATION OF PAKISTAN Through Secretary Ministry of Finance.
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SARDAR FAROOQ AHMED KHAN LEGHARI
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FEDERATION OF PAKISTAN AND OTHERS
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syed JALAL MEHMOOD SHAH AND ANOTHER
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FEDERATION OF PAKISTAN
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FEDERATION OF PAKISTAN AND OTHERS
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SHAUKAT ALI MIAN AND OTHERS
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1999 CLC 607 | SHAUKAT ALI MIAN AND ANOTHER | THE FEDERATION OF PAKISTAN |
SYED ZAFAR ALI SHAH AND OTHERS
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GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
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P L D 2008 SC 735 | LET. GEN (R) SALAHUDDIN TIRMIZI | ELECTION COMMISSION OF PAKISTAN |
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