Law:

Section:

(i) Administration of Justice-- ----A thing which cannot be done directly, cannot be allowed indirectly. (ii) Constitution of Pakistan, 1973-- ----Art. 247--Government of India Act, 1935, S. 311--Tribal areas--Held: Tribal Areas were simply those territories along borders of India which neither formed part of British Dominions or possession nor fell within the powers of any other State whether Foreign or Indian. (iii) Constitution of Pakistan, 1973-- ----Art. 247--Government of India Act, 1935, S. 95-A--Application of Laws to Tribal Areas--Held: Before creation of Pakistan, the status of Tribal Areas were that of a foreign country within the meaning of FJA 1890--Since a fundamental change was brought in the status of Tribal Areas, by making it an integral part of Pakistan, specific provision had to be made with regard to its administration, the continuity of pre-partition laws and the continuity of Authority in these areas, a Constitutional arrangement was made to the effect that laws of Pakistan would not apply to the Tribal Areas unless specifically issued by the Governor General. (iv) Constitution of Pakistan, 1973-- ----Arts. 247, 89 & 128--Government of India Act, 1935 Ss. 92 (i) & 95-A--Extension of laws--Power of President and Governor--Held: President or Governor had been empowered to make applicable to the law enacted by Parliament for the settled areas of the country and for extending an act of Parliament or Ordinance promulgated under Arts. 89 or 128 to the Tribal Areas--Further held: Such powers of President under Art. 247 were not to be exercised as a prerogative power if they were not supported by the Constitution. (v) Constitution of Pakistan 1973-- ----Art. 247(3)--Application of Laws in Tribal Areas--Powers of President--Held: It is the President and not the Parliament to decide which Act is to be applied in the Tribal Areas and can also make modifications or exceptions in the Act of Parliament. (vi) Constitution of Pakistan, 1973-- ----Art. 247(7)--Legislative powers of Parliament in Tribal Areas--Held: Parliament has limited power to legislate for the Tribal Areas in respect of jurisdiction of Supreme Court or High Court--Any Act of…

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