Constitution

Part X · Emergency Provisions

Power to suspend Fundamental Rights, etc., during emergency period

Article 233

Amended by 18th Amendment (2010)

Not sure what this means? Get it in simple words, in English and Urdu.

English · authoritative

(1)

Nothing contained in Articles 15, 16, 17, 18, 19, and 24 shall, while a Proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 to make any law or to take any executive action which it would, but for the provisions in the said Articles, be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force.

(2)

While a Proclamation of Emergency is in force, the President may, by Order, 1declare that the right to move any court for the enforcement of such of the Fundamental Rights conferred by Chapter 1 of Part II as may be specified in the Order, and any proceeding in any court which is for the enforcement, or involves the determination of any question as to the infringement, of any of the Rights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in repect of the whole or any part of Pakistan.

(3)

Every Order made under this Article shall, as soon as may be, be laid before 2[both Houses of Majlis-e-Shoora (Parliament) separately] for approval 3and the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency.

Urdu · official translation (2018)

The Urdu text of this article is not available yet. It is being transcribed from the National Assembly’s official Urdu translation. Open the official Urdu PDF.
Amendment notes (3)›
  1. 1The Order suspending the right to move any court for the enforcement of certain Fundamental Rights issued vide see Gaz. of Pak., 1973, Ext., Pt. I, p. 602, has been rescinded by S.R.O. 1093(I)/74, dated the 14th August, 1974, see Gaz. of Pak. 1974, Ext. Pt. II, p. 1548.
  2. 2Substituted the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), section 87 for “a joint sitting”.
  3. 3For the Order issued on 28-5-1998 suspending of Fundamental Rights, (See Notifications No. 7-3/98-Min. I, dated 28-5-1998, Gaz. of Pak., 1998, Part I, Page 31). The joint sitting passed the following resolution on the 6th September, 1973 :– “That the joint sitting approves under clause (7) of Article 232 of the Constitution, read with clause (3) of Article 233 thereof, the President’s Order of the 14th August, 1973, made under clause (2) of the said Article 233 and the continuance in force of the said Order for the period of six months following the expiration of the period mentioned in paragraph (a) of the said clause (7) of Article 232.” For resolution approving the continuance in force of the President’s Order of the 14th August, 1973, for a further period of six months, see Gaz. of Pak., 1974, Ext., Pt. III, p. 343. The joint sitting passed the following resolution on 10-6-1998. “That the joint sitting approves the Order made by the President on the 28th May, 1998, under clause (2) of Article 233 of the Constitution.” see Gaz. of Pak. 1998, Part III, p. 647.

How to cite

In a petition
Article 233 of the Constitution
With heading
Article 233 of the Constitution (Power to suspend Fundamental Rights, etc., during emergency period)
In full
Article 233, Constitution of the Islamic Republic of Pakistan, 1973

English text as amended up to 21 November 2025 (27th Amendment), published by Ministry of Law and Justice / National Assembly of Pakistan. The English text is authoritative. Official PDF, page 167