PLD 1976 LAHORE 1250

(a) Constitution of Pakistan (1973) Arts. 232,233, 15 to 19 & 24

Fundamental Rights— Effect of Proclamation of Emergency on—State free from limitations imposed by Fundamental Rights 15 to 19 & 24 during Emergency–Law inconsistent with such Fundamental Rights—Can be made by state during Emergency—Laws inconsistent with Fundamental Rights however, cease to exist to extent of inconsistency on revocation or cessation of Emergency.

The issuance of the Proclamation also has an effect on the Fundamental Rights. The “State” as defined in Article 7 (i. e. the Federal Government, Parliament, Provincial Government, a Provincial Assembly and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess) is free by virtue of Article 233 during the emergency from the limitation imposed by Fundamental Rights No. 15 (freedom of movement), 16 (freedom of assembly), 17 (freedom of association), 18 (freedom of trade, business and profession), 19 (freedom of speech) and 24 (protection property rights), so that these rights would be non-existent against the State during the operation of Proclamation of Emergency—(Habiba Jilani v. federation of Pakistan P L D 1974 Lah. 153). The State can make the law and it shall be valid notwithstanding its inconsistency with these fundamental Rights but hall, to the extent of inconsistency with the these Fundamental Rights but any law so made shall to extent of inconsistency, cease to exist and shall be deemed to have been repealed at the time the Proclamation is revoked or has ceased to exist. It is further provided in clause (2) of Article 233; “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 1 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.” The President by the order dated the 14th of August 1973 published in the Gazette of Pakistan, Extraordinary, Part I, dated the 15h of August 1973 declared that “the right to move any Article 184, for the enforcement of the fundamental Rights provided for in Articles 10, 15, 16, 17, 18, 19, 23, 24, 25, and 27 of the Constitution, and all proceedings pending in any Court which are for the enforcement, or involve the determination of any question as to the enforcement, of any of the said Rights, shall remain suspended for the period during which the said Proclamation is in force.” [p. 1258] E

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