Overview of Article 267B of the Constitution of Pakistan
Article 267B serves as a declarative instrument, wielding the power to remove uncertainties that may arise in the wake of constitutional amendments. The provision specifically addresses the amendments brought about by the Constitution (Seventeenth Amendment) Act, 2003, underscoring its role in establishing legal clarity and historical continuity.
Article 267B States
267B. Removal of doubt
For removal of doubt it is hereby declared that Article 152A omitted and Articles 179 and 195 substituted by the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), notwithstanding its repeal, shall be deemed to always to have been so omitted and substituted.
Key Points of Article 267B of the Constitution of Pakistan
- Omission of Article 152A: Article 267B takes a decisive step by officially omitting Article 152A. This deliberate removal signals a constitutional shift, indicating that the content and provisions of Article 152A are no longer in force.
- Substitution with Articles 179 and 195: In tandem with the omission of Article 152A, Article 267B introduces the substitution of Articles 179 and 195. These replacements bring about a substantive alteration in the constitutional landscape, redefining the legal framework pertaining to the addressed matters.
- Constitution (Seventeenth Amendment) Act, 2003: Article 267B explicitly ties its declarations to the Constitution (Seventeenth Amendment) Act, 2003. This legislative act played a pivotal role in instigating the changes specified in Article 267B, and its repeal does not negate the declarative power of Article 267B.
- Retroactive Deeming: One of the distinctive features of Article 267B is its assertion that the substituted Articles 179 and 195, despite the repeal of the amending act, are to be deemed as having always been in place. This retroactive deeming lends a sense of historical continuity to the constitutional amendments, emphasizing their enduring nature.
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Crux of Article 267B of the Constitution of Pakistan
At its core, Article 267B is a legal mechanism designed to bring clarity and certainty to the constitutional landscape. By removing any doubt surrounding the omission of Article 152A and the substitution of Articles 179 and 195, the provision ensures that the legal fabric remains free from ambiguity.
The retroactive deeming aspect of Article 267B is particularly noteworthy. It reflects a conscious decision to provide not just legal clarity but historical coherence. The constitutional amendments are not treated as recent alterations but as integral components that have shaped the constitutional narrative from its inception.
Conclusion: Article 267B of the Constitution of Pakistan
In conclusion, Article 267B stands as a testament to the dynamism inherent in constitutional governance. Its role in removing doubt and affirming the status of omitted and substituted articles showcases a commitment to legal transparency. The interplay between constitutional amendments and the declarative power of Article 267B creates a seamless integration of historical and contemporary legal realities.
As we navigate the corridors of the Constitution of Pakistan 1973, Article 267B stands as a beacon of clarity, ensuring that the legal tapestry remains vivid and unobscured. It encapsulates the evolving nature of constitutional law, providing a framework where doubts are dispelled, and legal continuity is seamlessly maintained.
