144
6, article 96 was also regularized and incorporated
in the constitution by the same democratic government
in
2011.
But
now
Mr.
Attorney
General
wants
to
highlight an exception by saying that the provision
of the repealed article 96 was an act of martial law
and thus it should not have any place in a democratic
constitution
like
ours.
But
he
seems
to
have
no
answer about retaining and regularizing the martial
law provisions of the Muslim Family Laws Ordinance,
articles 6, 42, 47 etc, in the constitution as shown
above.
In fact, this discussion is a bit tautological
yet it demands a clarification. In the first place, I
am absolutely in agreement with the learned Attorney
General’s
submission
that
a
provision
added
by
a
martial law government cannot be placed in our hardearned constitution, but a provision which in content
and spirit is absolutely in harmony with the scheme
of the constitution and was incorporated in the body
of the constitution by a democratic government and
competent Parliament by way of amendment cannot be
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