Article 233 — Power to suspend Fundamental Rights, etc., during emergency period 138

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 to take any executive action which it would, but for the provi sions 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but any law so made shall, to the extent of the incompetency, cease to have effect , and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force. 1 The joint sitting passed the following re solution on the 5th September, 1973 : - "That the joint sitting approves under clause (7) of Art. 232 of the Constitution read with Art. 280 thereof, the Proclamation of Emergency issued on the 23rd day of November, 1971, and the continuance in force of the said Proclamation for the period of six months following the expiration of the period mentioned in paragraph (a) of the said clause(7)." The joint sitting passed the following resolution on 10 -6-1998. "That the joint sitting approve under clause (7) of Ar ticle 232 of the Constitution the Proclamation of Emergency issued by the President on the 28th May, 1998, under clause (1) of Article 232 of the Constitution." see Gaz. of Pak. 1998. Ext., Pt. III, p. 647. 2 Subs. by the Constitution (Third Amdt.) Act, 1 975, (22 of 1975), s. 3, for original paragraph (b) (w.e.f. the 13th February, 1975), which reads as follows : - "(b) may by resolution of a joint sitting, be continued in force for a period not exceed ing six months at a time." For resolutions under origin al paragraph (b) approving the continuance in force of the Proclamation of Emergency, see Gaz. of Pak., 1974, Ext., Pt. III, p. 343, and ibid., p. 1183. 139 (2) While a Proclamation of Emergency is in force, the President may, by Order,1 declare that the right to move any court for the enfor cement 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 R ights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in re spect of the whole or any part of Pakistan. (3) Every Order made under this Article shall, as soon as may be, be laid before 2[both houses of Majlis -e-Shoora (Parliament), separately] for approval3 and the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency. . 234. Power to issue Proclamation in case of failure of Constitutional machinery in a Province