Law: Constitution of Pakistan, 1973

Section: 89,199,270AA

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

(a) Constitution of Pakistan--- ----Art. 270-AA---Validation and affirmation of laws--- Object, scope and purpose---Provision of Art.270-AA of the Constitution is a constitutional device to confer validity upon specified laws by exercise of constituent power and to give them status of competently enacted laws, to remove blemish, as to their maker---Such is necessary in order to overcome unconstitutionality of laws for lack of legislative power because under Constitution, legislative power vested in organs is institutionalized by the Constitution and not in an authority outside contemplation of the Constitution. Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416 rel. (b) Constitution of Pakistan--- ----Arts. 89, 199 & 270-AA(2) [as amended by Constitution (Eighteenth Amendment) Act, 2010]---National Accountability Ordinance (XVIII of 1999), Preamble---Constitutional petition---National Accountability Ordinance (XVIII of 1999), vires and interpretation of---Word 'Until'---Scope---Petitioner assailed vires of National Accountability Ordinance, 1999 on grounds that after 18th Amendment to the Constitution, it had lost protection of Provisional Constitutional Order No. 1 of 1999 and was no more a valid piece of legislation---Validity---Provisions of National Accountability Ordinance, 1999 was a valid law before Constitution (Eighteenth Amendment) Act, 2010 came into force and since National Accountability Ordinance, 1999 had not been excluded in Art.270-AA(2) of the Constitution it continued to remain in force---Continuance of National Accountability Ordinance, 1999 was not upon compliance with provisions of Art.89 of the Constitution---Word 'until' in Art.270-AA(2) of the Constitution was not used entirely to connote a duration and it meant that existing laws including National Accountability Ordinance, 1999 were to continue so long as they were not altered, repealed or amended---While promulgating Constitution (Eighteenth Amendment) Act, 2010, Legislature was of conscious of facts and time limitation prescribed in Art. 89 of the Constitution--- By virtue of Art.270-AA(2) of the Constitution, it adopted laws including National Accountability…

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