Table of Contents
Overview of Article 143 of the Constitution of Pakistan
Article 143 of Pakistan’s 1973 Constitution serves as an essential legal provision that addresses potential inconsistencies between laws passed by Provincial Assemblies and those passed by Majlis-e-Shoora (Parliament) at a federal level. This constitutional article establishes a framework for resolving such conflicts to maintain uniformity across Pakistan’s legal landscape and we look forward to exploring its intricacies to understand its significance in maintaining an amicable legal system in Pakistan.
Article 143 States
143. Inconsistency between Federal and Provincial Law:
If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.
Key Points of Article 143 of the Constitution of Pakistan
- Repugnancy Criteria: Article 143 comes into play when there is inconsistency, or repugnancy, between a provincial law and a federal law. This inconsistency is assessed based on the content and subject matter of the laws.
- Federal Competence: For Article 143 to be implemented, the federal Parliament (Majlis-e-Shoora) must possess the ability and authority to legislate on the topic at hand. This ensures that when national uniformity is essential, federal intervention can occur with ease.
- Precedence of Federal Law: Article 143 establishes that, in cases of conflict between two acts passed by Majlis-e-Shoora (Parliament), they take priority; regardless of when or why one was adopted. In these situations, federal law takes precedence.
- Voidance of Provincial Law: When there is repugnancy between provisions in a Provincial Assembly Act and their inconsistencies, any conflicting provisions are rendered null and void so as to ensure there are no confusing legal conflicts caused by conflicting provisions. This will ensure that conflicts do not create confusion or contradict each other in any manner that leads to legal contradictions.
Crux of Article 143 of the Constitution of Pakistan
At its core, Article 143 serves as a mechanism to resolve conflicts between federal and provincial laws, establishing a hierarchy that prioritizes the supremacy of federal legislation. The article ensures that in matters where the Majlis-e-Shoora (Parliament) has the constitutional authority to legislate, its laws take precedence over conflicting provincial laws.
The crux lies in the recognition of the federal government’s competence in certain subject matters that impact the nation as a whole. This provision acknowledges the need for consistency in laws governing critical areas, promoting a unified legal framework across the diverse regions of Pakistan.
Conclusion: Article 143 of the Constitution of Pakistan
In conclusion, Article 143 of the Constitution of Pakistan plays a pivotal role in maintaining legal harmony within the country. By establishing a clear hierarchy between federal and provincial laws, the article ensures that conflicting provisions do not create legal uncertainties. This mechanism underscores the importance of a cohesive legal framework in a nation that encompasses diverse cultures, regions, and interests.
As we reflect on the key points of Article 143, it becomes evident that this constitutional provision is a linchpin in the seamless functioning of Pakistan’s legal system. It embodies the principles of constitutional supremacy and federal competence, contributing to the stability and uniformity of the legal landscape. In navigating the legal waters of Pakistan, Article 143 stands as a beacon, guiding the nation towards a balanced and coherent legal framework.