(a) shall cease to be in force at the expiration of two months unless before the
expiration of that period it has been approved by a resolution1 of the joint
sitting; and
2[(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a
resolution disapproving the Proclamation being passed by the votes of the
majority of the total memberships of the two Houses in joint sitting.]
(8) Notwithstanding anything contained in clause (7), if the National Assembly
stands dissolved at the time when a Proclamation of Emergency is issued, the
Proclamation shall continue in force for a period of four months but, if a general
election to the Assembly is not held before the expiration of that period; it shall cease to
be in force at the expiration of that period unless it has earlier been approved by a
resolution of the Senate.
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 to 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incompetency, cease to have effect, and shall be deemed to have been repealed, at the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 Order3,
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.
1 The joint sitting passed the following resolution 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 1061998.
"That the joint sitting approve under clause (7) of Article 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, 1975, (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 exceeding six months at a time."
For resolutions under original 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.
3 The Order suspending the right to move any court for the enforcement of certain Fundamental Rights issued vide see Gaz. of Pak., 1973, Ext., Pt. I. p. 602, has been rescinded by S.R.O.
1093(I)/74, dated the 14th August. 1974., see Gaz. of Pak. 1974, Ext. Pt. II, p.1548.
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