Law: Constitution of Pakistan 1973

Section: 199

(a) Provisional Constitution Order 1C. M. L. A.'s Order 1 of 19111   And Proclamation of the Fifth Day of July, 1977 read with C. M. L. A. Order 1 of 1977-Provisional Constitution Order appearing to be a misnomer and not a compact self-contained constitutional document-Order deriving its existence, strength and validity from judicially recognised Proclamation of Fifth Day of July, 1977 read with Laws (Continuance in force) Order, 1977, held, cannot be of a superior or higher status than its ancestors.-[Interpretation of statutes].   (b) Provisional Constitution Order [C. M. L. A.'s Order 1 of 1961]   And Proclamation of the. Fifth Day of July, 1977 read with C. M. L. A. Order 1 of 1977-Provisional Constitution Order just another order of C. M. L. A. deriving its life, strength and validity from Proclamation of Fifth Day of July, 1977 and C. M. L. A.'s Order 1 of 197-Order does not lay down or give a new legal order Contention that C. M. L. A. gave an alternate Constitution in Provisional Constitution Order, 1981 or in any way upset Proclamation of Fifth Day of July; 1 977 of its purpose, held, not tenable.[Interpretation of statutes].   Nusrat Bhutto's case P L D 1977 S C 657 ref.   (c) Provisional Constitution Order [C. M. L. A.'s Order 1 of 1951]   And Proclamation of Fifth Day of July, 197? read with C M. L. A, Order 1 of 1977 and Constitution of Pakistan (1973)-Provisional Constitution 9rder qua powers of superior Courts-Effect of order as regards power of High Courts and terms and conditions of superior judiciary only to relegate them to substantially same position as obtaining after 5th Amendment to Constitution enacted by Parliament--Effect of order although not to curtail powers of High Court yet C. M L. A.'s power to legislate, held, includes power to repeal and validate-Principle of interpretation of law-One who can legislate can as well repeal and validate.-[Interpretation of statutes].   (d) Provisional Constitution Order (C. M. L. A.'s Order l of 1911)   Provisional Constitution Order, held, not in excess or ultra vires powers of C. M. L. A.   (e) Provisional Constitution…