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In order to run the business of the Government, the Governor of the Punjab, in terms of the provisions of the Article 139 (as adapted in 1973), made the “Punjab Government Rules of Business, 1974”. In these rules, Provincial Assembly of the Punjab was given the status of attached department of Law Department at Sr.No.18 (iii).
However, in recognition of its constitutional status in terms of Article 87, read with Article 127 of the Constitution, the Provincial Assembly of the Punjab was acknowledged as an independent Secretariat when through an amendment in the Rules of Business 1974 vide Notification No. CAB-III-2-48/85 dated 23rd October 1986, the entry related to Provincial Assembly of the Punjab was omitted from the Rules of Business 1974. It is now no longer an attached department of Law Department.
The Provincial Assembly has exclusive powers to make law with respect to any matter not enumerated either in the Federal Legislative List or in the Concurrent Legislative List. Such list is called a Residuary List. Residuary matters are exclusively within Provincial autonomy. From the above, it cannot be extracted that the Province is subordinate to the Federation or Federation is subordinate to Province.
In fact, legislative powers are distributed between Federation and Provinces vide Article 142. And one institution cannot take over powers of other institution. However, this provincial law making power comes to an end and shifts to the Federation during emergency when declared vide Articles 232, 233 or 234.
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