Article 270 — Temporary validation of certain laws, etc. ................................ ............... 162

manner prescribed for legislation for a matter in Part I of the Federal Legislative List validate all Proclamations, President's Orders, Martial Law Regulations, Martial Law Orders and other laws made between the twenty -fifth day of March, one thousand nine hundred and sixty -nine, and the nineteenth day of December, one thousand nine hundred and seventy - one (both days inclusive). (2) Notwithstanding a judgment of any court, a law made by 1[Majlis -e-Shoora (Parliament)] under clause (1) shall n ot be questioned in any court on any ground, whatsoever. 163 (3) Notwithstanding the provisions of clause (1), and a judgment of any court to the contrary, for a period of two years from the commencing day, the validity of all such instruments as are referred to in clause (1) shall not be called in question before any court on any ground whatsoever. (4) All orders, made, proceedings taken, and acts done by any authority, or any person, which were made, taken or done, or purported to have been made, taken or d one, between the twen ty-fifth day of March, one thousand nine hundred and sixty -nine and nineteenth day of December, one thousand nine hundred and seventy -one (both days inclusive), in exercise of powers derived from any President's Orders, Martial Law Re gulations, Martial Law Orders, enactments, notifications, rules, orders or bye -laws, or in execution of any order made or sentence passed by any authority in the exercise or purpo rted exercise of power as afore said shall, notwithstanding any judgment of an y court, be deemed to be and always to have been validly made, taken or done, so however that any such order, proceeding or act may be declared invalid by 1[Majlis -e- Shoora (Parliament)] at any time within a period of two years from the commencing day by r esolution of both Houses, or in case of disagreement between the two Houses, by such resolution passed at a joint sitting and shall not be called in question before any court on any ground, whatsoever. 270A. Affirmation of President’s Orders, etc. 2[3[270A. — (1) The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, including the Referendum Order, 1984 (P.O. No. 11 of 1984), 4* * * the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order, 1985 (P.O. No. 20 of 1985), the Constitution (Third Amendment) Order, 1985 (P.O. No. 24 of 1985), and all other laws made between the fifth day of July, 1977, and the date on whi ch this Article comes into force are hereby affirmed, adopted and declared, notwithstanding any judgement of any court, to have been validly made by competent authority and, notwith - standing anything contained in the Constitution, shall not be called in question in any court on any ground whatsoever : Provided that a President's Order, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall 2 Articles 270A and 270B ins. by P. O. No. 14 of 1985, Art. 2 and Sch., 3 Article 270A subs. by the Constitution (Eighth Amdt.) Act. 1985 (18 of 1985) s. 19, for "Art. 270A" ( w.e.f. 30-12-1985) vide S.R.O. No. 1279(1)/85, dat ed 29 -12-85 read with Proclamation of Withdrawal of Martial Law, dated 30 -12-85, see Gaz. of Pak., 1985, Ext., Pt. 1. pp. 431 -432. 4 Certain words omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 95. 164 be confined only to making such provisions as facili tate, or are incident al to, the revocation of the Proclamation of the fifth day of July, 1977. (2) All orders made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fi fth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or by e-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgement of any court, be deemed to be and always to have been val idly made, taken or done and shall not be called in question in any court on any ground whatsoever. (3) All President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders, or bye -laws, in force immedi ately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority. Explanation .–In this clau se, "competent authority" means, — (a) in respect of President's Order's, Ordinances, Mart ial Law Regulations, Martial Law Orders and enact ments, the appropriate Legislature; and (b) in respect of notifications, rules, orders and bye -laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. (4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compli ance with orders made or sentences passed in exercise or pur ported exercise of such powers. (5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby. 165 1[(6) The laws referred to in clause (1) may be amended by the appropriate Legislature in the manner provided for amendment of such laws.] 270AA. Declaration and continuance of laws etc . 2[270AA. (1) The Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Jud ges) Order, 2000 (No. 1 of 2000), Chief Executive's Order No. 12 of 2002, Chief Executive's Order No. 19 of 2002, the amendment made in the Constitution through the Legal Framework Order, 2002 (Chief Executive's Order No. 2 4 of 2002), the Legal Framework (Amendment) Order , 2002 (Chief Executive's Order No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (Chief Exe cutive's Order No. 32 of 2002) , notwithstanding any judgement of any court including the Supreme Court or a High Court, are her eby declared as having been made without lawful authority and of no legal effect. (2) Except as provided in clause (1) and subject to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, all laws including President’s Orders, Acts, Ordina nces, Chief Executive’s Orders, regulations, enactments, notifications, rules, orders or bye -laws made between the twelfth day of October, on e thousand nine hundred and ninety -nine and the thirty -first day of December, two thousand and three (both days inc lusive) and still in force shall, continue to be in force until altered, repealed or amended by the competent authority. Explanation. — For the purposes of clause (2) and clause (6), “competent authority” means, — (a) in respect of Presidents’ Orders, Ordinan ces, Chief Executive’s Orders and all other laws, the appropriate Legislature; and (b) in respect of notification, rules, orders and bye -laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. (3) Notwithstanding anything contained in the Constitution or clause (1), or judgement of any court including the Supreme Court or High Court, — (a) Judges of the Supreme Court, High Courts and Federal Shariat Court who were holding the office of a Judge or 1 Subs. by the Constitution ( Eighteenth Amendment) Act, 2010, (10 of 2010), s. 95, for “clause (6)”. 2 Subs. ibid. for “Article 270AA” s. 96. 166 were appointed as such , and had taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2000), shall be deemed to have continued to hold the office as a Judge or to have been appointed as such, as the case may be, under the Constitution, and such continuance or appointme nt, shall have effect accordingly. (b) Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath of Office of (Judges) Order, 2000 (1 of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation. (4) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts don e by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety -nine, and the thirty first day of December, two thousand and three (both days inclusive), in exercise of the powers derived from any authority or laws mentioned in clause (2), or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as a foresaid, shall, notwithstanding any thing contained in clause (1), be deemed to be valid and shall not be called in question in any court or forum on any ground whatsoever. (5) No suit, prosecution or other legal proceedings includ ing writ petitions, sha ll lie in any court or forum against any authority or any person, for or on account of or in respect of any order made, Proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or clause (4) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (6) Notwithstanding omission of the Concurrent Legislative List by the Constitution (Eighteenth Amendment) Act, 2010, all laws with respe ct, to any of the matters enumerated in the said List (including Ordinances, Orders, rules, bye -laws, regulations and notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extra -territorial o peration, immediately before the commencement of the Constitution (Eighteenth Amendment) Act 2010, shall continue to remain in force until altered, repealed or amended by the competent authority. 167 (7) Notwithstanding anything contained in the Constitution , all taxes and fees levied under any law in force immediately before the commencement of the Constitution (Eighteenth Amendment) Act, 2010, shall continue to be levied until they are varied or abolished by an Act of the appropriate legislature. (8) On t he omission of the Concurrent Legislative List, the process of devolution of the matters mentioned in the said List to the Provinces shall be completed by the thirtieth day of June, two thousand and eleven. (9) For purposes of the devolution process unde r clause (8), the Federal Government shall constitute an Implementation Commission as it may deem fit within fifteen days of the commencement of the Constitution (Eighteenth Amendment) Act, 2010.] 270B. Elections to be deemed to be held under Constitutio n 270B. Notwithstanding anything contained in the Constitution, the elections held under the Houses of (Parliament) and Provincial Assemblies (Elections) Order, 1977, 1[and the Conduct of General Elections Order, 2002 (Chief Executive's Order No. 7 of 200 2),] to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly. 270BB. General Elections 2008 2[270BB. Notwithstanding anything contained in the Constitution, or any other law for the time being in force, the General Elections 2008, to the National Assembly and the Provincial Assemblies held on the eighteenth day of February, two thousand and eight shall be deemed to have been held under the Constitution and shall have effect ac cordingly.]. 3* * * * * * * * * 1 Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 97, and shall be deemed always to have been so, ins. with affect fr om the 21st day of August 2002. 2 New Article 270BB Ins., ibid., s. 98. 3 Article 270C stands omitted as a consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2 and Article 270AA. 168 271. First National Assembly 1[271. (1) Notwithstanding anything contained in the Constitution but subject to 2[Article 63,] Article 64 and Article 223, — 3[(a) the first National Assembly shall consist of — (i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day ; and (ii) the persons to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (2A) of Article 51, and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy -seven; and reference to ‘total membership ’ of National Assembly in the Constitution shall be construed accordingly;] (b) the qualifications and disqualifications for being elected and being a member of the first National Assembly shall, except in case of members filling casual vacancies 2[, or to be elected to the additional seats referred to in clause (2A) of Article 51,] after the commencin g day, be the same as under the Interim Constitution of the Islamic Republic of Pakistan: Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of t hree months from the commencing day. (2) If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats. 1 Art. 271 shall, during the period of five years f rom the 27th October, 1973, have effect as if, — (a) after clause (2) thereof, the following new clause was ins., namely: —"(2A) A person referred to in clause (2) shall resign one of his seats at any time on or before the 10th day of November, 1973, and, if he does not so resign, the seat to which he was elected first shall become vacant."; and (b) in clause (3) thereof, after the words "election petition", the words "or other -wise" were inserted, see the Removal of Difficulties (Bar against Double Membership) O rder, 1973 (P. O. No. 22 of 1973). 2 Ins., by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s. 9, ( w.e.f. the 21st November, 1975). 3 Subs. ibid., 169 (3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not filled before that day, caused by reaso n of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day. (4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonabl e cause shown, he fails to make the oath within twenty one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of that period.