Part 6: Relations between the Centre and the Provinces

Part 6: Relations between the Centre and the Provinces

Article 131

(1) The Central Legislature shall have exclusive power to make laws (moulding laws having extra-territorial operation) for the whole or any part of Pakistan with respect to any matter enumerated in the Third Schedule.

(2) Where the national interest of Pakistan in relation to-

(a) the security of Pakistan, including the economic and financial stability of Pakistan;

(b) planning or co-ordination; or

(c) the achievement of uniformity in respect of any matter in different parts of Pakistan;

so requires, the Central Legislature shall have power to make laws (including laws having extra-territorial operation) for the whole or any part of Pakistan with respect to any matter not enumerated in the Third Schedule.

(3) If-

(a) it appears to the Assembly of a Province to be desirable that a matter not enumerated in the Third Schedule should be regulated in the Province by an Act of the Central Legislature; and

(b) a resolution to that effect is passed by the Provincial Assembly, the Central Legislature shall have power to make laws having effect in the Province with respect to that matter, but any law made in pursuance of this power may be amended or repealed by an Act of the Provincial Legislature.

(4) The Central Legislature shall havepower(but not exclusive power) to make laws for the Islamabad Capital Territory and the Dacca Capital Territory with respect to any matter not enumerated in the Third Schedule.

(5) The Central Legislature shall have power to make laws for any part of Pakistan not forming part of a Province with respect to any matter.

Article 132

A Provincial Legislature shall have power to make laws for the Province, or any part of the Province, with respect to any matter other than a matter enumerated in the Third Schedule.

Article 133

(1) The responsibility of deciding whether a legislature has power under this Constitution to make a law is that of the legislature itself.

(2) The validity of a law shall not be called in question on the ground that the legislature by which it was made had no power to make the law.

(3) Nothing in clause (1) or clause (2) shall be construed to have the effect of taking away, limiting to restricting the power of a High Court exercisable by it under paragraph (c) of clause (2) of Article 98.)

Article 134

When a Provincial Law is inconsistent with a Central Law, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

Article 135

The Executive authority of the Republic extends-

(a) to all matters with respect to which the Central Legislature has exclusive power to make laws under clause (1) of Article 131;

(b) where a law made by the Central Legislature in pursuance of clause (2), clause (3) or clause (4) of Article 131 provides that the law shall be administered by the Central Government-to the execution of that law; and

(c) in relation to a part of Pakistan not forming part of a Province-to all matters.

Article 136

(1) Subject to clause (2) of this Article, the executive authority of a Province extends to all matters with authority of pro-respect to which the Legislature of the Province has power to make laws.

(2) The executive authority of a Province does not extend to the execution of a law made by the Central legislature to which paragraph (b) of Article 135 applies.

Article 137

(1) The Central Government shall not, in respect of its property or income, be liable to taxation under any provincial Law, and, the subject to clause (2) of this Article, a Provincial Government shall not, in respect of its property or income, be liable to taxation under a Central Law or under a Provincial Law of the other Province.

(2) If a trade or business of any kind is carried on by or on behalf of the Government of a Province outside that Province, that Government may, in respect of any property used in connection with that trade or business or any income arising from that trade or business, be taxed under a Central Law or under a Provincial Law of the other Province.

(3) Nothing in this Article shall prevent the imposition of fees for services rendered.

Article 138

The Central Legislature may by law make grants in aid of the revenues of a Provincial Government that may be in need of assistance.

Article 139

The executive authority of the Central Government extends to borrowing upon the security of the Central Consolidated Fund within such limits, if any, as may be determined by Act of the Central Legislature, and to the giving of guarantees within such limits, if any, as may be so determined.

Article 140

(1) Subject to the provisions of this Article, the executive authority of a Province extends to borrowing upon the security of the Provincial Consolidated Fund within such limits, if any, as may be determined by Act of the Provincial Legislature, and to the giving of guarantees within such limits, if any, as may be so determined.

(2) A Provincial Government shall not, without the consent of the Central Government-

(a) borrow outside Pakistan; or

(b) raise any loan at a time when there is outstanding any part of-

(i) a loan made to the Province concerned by the Central Government; or

(ii) any other loan raised by the Province in respect of which a guarantee has been given by the Central Government.

(3) The Central Government may, subject to such conditions, if any, as it may think fit to impose, make loans to a Provincial Government and, within such limits as may be fixed by Act of the Central Legislature, give guarantees in respect of loans raised by a Provincial Government, and any sums required for the purpose of making loans to a Provincial Government shall be charged upon the Central Consolidated Fund.

(4) A consent under this Article may be granted subject to such conditions, if"any, as the Central Government may think fit to impose, but no such consent shall be unreasonably withheld, nor shall the Central Government refuse, if sufficient cause is shown, to make a loan to, or to give a guarantee in respect of a loan raised by, a Provincial Government, or seek to impose in respect of any of the matters aforesaid any condition that is unreasonable, and if any dispute arises whether a refusal of consent, or a refusal to make a loan or to give a guarantee, or any condition insisted upon, is or is not justifiable, the dispute shall be referred to the National Assembly for consideration.

Article 141

A Provincial Law may impose taxes, not exceeding such limits as may from time to time be fixed by Act of the Central Legislature, on persons callings or employments, and no such Provincial Law shall be regarded as imposing a tax on income.

Article 142

(1) Subject to clause (2) of this Article, the Legislature of a Province shall not have power-

(a) to make any law prohibiting or restricting the entry into, or the export from, the Province of any goods; or

(b) to impose a tax which, as between goods manufactured or produced in the Province and similar goods not so manufactured or produced, discriminates in favour of the former goods or which, in the case of goods manufactured or produced outside the Province, discriminates between goods manufactured or produced in any locality in Pakistan and similar goods produced in any other locality in Pakistan.

(2) No Provincial Law which imposes any reasonable restriction in the interest of public health, public order or morality or for the purpose of protecting animals or plants from disease or preventing or alleviating any serious shortage in the Province of an essential commodity shall, if it was made with consent of the President, be invalid by reason of this Article.

Article 143

(1) Notwithstanding anything in this Constitution, the President may, with the consent of a Provincial Government, entrust either conditionally or unconditionally to that Government, or to any officer or authority of that Government, functions in relation to any matter to which the executive authority of the Republic extends.

(2) An Act of the Central Legislature may, notwithstanding that it relates to a matter with respect to which a Provincial Legislature has no power to make laws, confer powers and impose duties, or authorize the conferment of powers and the imposition of duties, upon a Provincial Government or officers or authorities of a Provincial Government.

(3) Where, by virtue of this Article, functions have been entrusted or powers and duties have been conferred or imposed upon, a Provincial Government or officers or authorities of a Provincial Government, there shall be paid by the Central Government to the Provincial Government such sums as may be agreed (or if there is no agreement, as may be determined by Act of the Central Legislature) in respect of any extra costs incurred by the Provincial Government in connection with the performance of those functions, the exercise of those powers or the discharge of those duties.

Article 144

(1) The President may, from time to time, constitute a National Finance Commission for the purposes of clause (4) of this Article.

(2) The President shall constitute a National Finance Commission for the purposes of clause (6) of this Article not later than fifteen months before the expiration of each period specified by the National Economic Council under clause (5) of Article 145 (in this Article referred to as a "Plan period").

(3) A National Finance Commission shall consist of the Ministers in charge of the portfolios of Finance in the Central and the Provincial Governments and such other persons as, after consultation with the Governors of the Provinces, the President may appoint.

(4) A National Finance Commission constituted for the purposes of this clause shall make recommendations to the President with respect to-

(a) the distribution between the Central Government and the Provincial Governments of the proceeds (after deducting the cost of their collection) of the following taxes :-

(i) Taxes on income, including corporation tax, but not including taxes on income consisting of remuneration paid out of the Central Consolidated Fund :

(ii) Taxes on sales and purchases :-

(iii) Export duty on jute and cotton, and such other export duties as may be specified by the President;

(iv) Such duties of excise imposed under a Central Law as may be specified by the President:

(v) Such other taxes as may be specified by the President;

(b) the making of grants-in-aid by the Central Government to the Provincial Governments;

(c) the exercise by the Central Government and the Provincial Governments of the borrowing powers conferred by this Constitution;

and

(d) any other matter relating to finance referred to the Commission by the President.

(5) As soon as is practicable after receiving the recommendations of the Commission referred to in clause (4) of this Article, the President shall, after considering the recommendations, specify by Order the share of the proceeds of the taxes referred to in paragraph (a) of clause (4) of this Article which is to be allocated to each Provincial Government, and that share shall be paid to the Government of the Province concerned, and notwithstanding Article 37, shall not form part of the Central Consolidated Fund.

(6) A National Finance Commission constituted for the purposes of this clause shall submit to the President, not later than six months before the expiration of the plan period during which it is constituted-

(a) a report on the progress made during that period in advancing the object referred to in clause (4) or Article 145; and

(b) recommendations as to the manner in which that object should be achieved in the next succeeding plan period.

(7) The President shall furnish a copy of the report and the recommendations submitted to him under clause (6) of this Article to the National Economic Council, which shall take those recommendations into account in formulating its plans.

(8) Any recommendations of a National Finance Commission furnished to the President shall, together with an explanatory memorandum as to the action taken on them, be laid before the National Assembly and before each of the Provincial Assemblies.

(9) The same Commission may be constituted for the purposes of clause (4) and clause (6) of this Article.

Article 145

(1) As soon as is practicable after the commencing day, the President shall constitute a Council, to be known as the National Economic Council.

(2) The Council shall consist of such persons as are appointed to the Council by the President, who shall be members of the Council during the pleasure of the President.

(3) The Council shall, from time to time, and whenever so directed by the President, review the overall economic position of Pakistan, formulate plans with respect to financial, commercial and economic policies and the economic development of Pakistan and inform the Central and the Provincial Governments of those plans.

(4) A primary object of the Council in formulating the plans referred to in clause (3) of this Article shall be to ensure that disparities between the Provinces, and between different areas within a Province, in relation to incomes per capita, are removed and that the resources of Pakistan (including resources in foreign exchange ) are used and allocated in such manner as to achieve that object in the shortest possible time, and it shall be the duty of each Government to make the utmost endeavour to achieve that object.

(5) The plans formulated by the Council in pursuance of clause (3) of this Article in relation to the economic development of Pakistan shall be formulated with respect to periods specified by the Council.

(6) The Council may, from time to time, appoint such committees or bodies of experts as it considers necessary to assist it in the performance of its functions.

(7) Nothing in this Article shall affect the exercise of the executive authority of the Central Government or of a Provincial Government.

(8) The Council shall submit every year to the National Assembly a report on the results obtained and the progress made in the achievement of the object referred to in clause (4) of this Article, and a copy of the report shall also be laid before each Provincial Assembly.

Article 146

(1) Any property that has no rightful owner, shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Central Government.

(2) All lands, minerals and other things of value underlying the ocean within the territorial waters of Pakistan shall vest in the Central Government.

Source: Documents and Speeches on the Constitution of Pakistan
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)

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