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Overview of Article 264 of the Constitution of Pakistan
Engraved within the constitutional architecture of Pakistan 1973, Article 264 emerges as a guardian of legal stability in the face of law repeal. This provision intricately delineates the effects and aftermath when a law is repealed under the Constitution, offering a roadmap for preserving legal continuity and safeguarding acquired rights and obligations.
Article 264 States
264. Effect or repeal of laws
- Where a law is repealed or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not except as otherwise provided in the constitution,
- revive anything not in force or existing at the time at which the repeal takes effect;
- affect the previous operation of the law or anything duly done or suffered under the law;
- affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;
- affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or
- affect any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may he imposed, as if the law had not been repealed.
Key Points of Article 264 of the Constitution of Pakistan
- Non-Retroactivity: One of the core principles enshrined in Article 264 is the non-retroactivity of a repealed law. This means that the repeal does not breathe life into anything that was not in force or existing at the time of its nullification.
- Preservation of Previous Actions: The article guarantees the preservation of actions taken under the repealed law. Anything duly done or suffered under the law remains valid and unaffected.
- Preservation of Rights and Obligations: Individuals’ rights, privileges, obligations, and liabilities acquired, accrued, or incurred under the repealed law remain untouched.
- Preservation of Penalties: Article 264 ensures that penalties, forfeitures, or punishments incurred for offenses committed under the repealed law are not nullified.
- Continuation of Legal Processes: Perhaps most crucially, the provision allows for the continuation of ongoing investigations, legal proceedings, and remedies related to the repealed law. This ensures that justice is not impeded due to the repeal.
Crux of Article 264 of the Constitution of Pakistan
The crux of Article 264 lies in its commitment to legal continuity and the protection of individuals’ rights despite the repeal of a law. By preventing retroactivity, it maintains the sanctity of past actions and secures the legal landscape from potential upheavals.
This constitutional provision is a testament to the foresight of the framers of the 1973 Constitution of Pakistan. It acknowledges that the evolution of legal frameworks is inevitable but underscores the importance of ensuring that such evolution does not lead to chaos or the erosion of citizens’ rights.
Conclusion: Article 264 of the Constitution of Pakistan
In conclusion, Article 264 of Pakistan’s Constitution plays an essential role in maintaining legal stability and safeguarding individual rights during legislative repeals, acting as a testament to justice, continuity and the rule of law espoused by its framers.
As we navigate the complex legal landscape of Pakistan, understanding the nuances of Article 264 is essential. It not only safeguards the past but also paves the way for a robust and just legal future. In the intricate tapestry of the 1973 Constitution of Pakistan, the article shines as a beacon of legal wisdom, ensuring that the wheels of justice continue to turn even in the face of legal evolution.