NATIONAL ASSEMBLY OF
PAKISTAN
Table
of Contents
PART I
INTRODUCTORY
PART
II FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY
CHAPTER
1 Fundamental Rights
CHAPTER
2 Principles of Policy
PART
III THE FEDERATION OF PAKISTAN
CHAPTER
1 The President
CHAPTER
2 The Majlis-e-Shoora (Parliament)
CHAPTER
3 The Federal Government
PART
IV PROVINCES
CHAPTER
1 The Governors
CHAPTER
2 Provincial Assemblies
CHAPTER
3 The Provincial Governments
PART V
RELATIONS BETWEEN FEDERATION AND PROVINCES
CHAPTER
1 Distribution of Legislative Powers
CHAPTER
2 Administrative Relations Between Federation and Provinces
CHAPTER
3 Special Provisions
PART
VI FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER
1 Finance
CHAPTER
2 Borrowing and Audit
CHAPTER
3 Property, Contracts, Liabilities and Suits
PART
VII THE JUDICATURE
CHAPTER
1 The Courts
CHAPTER
2 The Supreme Court of Pakistan
CHAPTER
3 The High Courts
CHAPTER
3A Federal Shariat Court
CHAPTER
4 General Provisions Relating to the Judicature
PART
VIII ELECTIONS
CHAPTER
1 Chief Election Commissioner and Election Commissions
CHAPTER
2 Electoral Laws and Conduct of Elections
PART
IX ISLAMIC PROVISIONS
PART X
EMERGENCY PROVISIONS
PART
XI AMENDMENT OF CONSTITUTION
PART
XII MISCELLANEOUS
CHAPTER
1 Services
CHAPTER
2 Armed Forces
CHAPTER
3 Tribal Areas
CHAPTER
4 General
CHAPTER
5 Interpretation
CHAPTER
6 Title, Commencement and Repeal
CHAPTER
7 Transitional
ANNEX
FIRST
SCHEDULE Laws exempted from the operation of Article 8 (1) and (2)
SECOND
SCHEDULE Election of President
THIRD
SCHEDULE Oaths of Office
FOURTH
SCHEDULE Legislative Lists
FIFTH
SCHEDULE Remuneration and Terms and Conditions of Service of Judges
SIXTH
SCHEDULE Laws not to be Altered, Repealed or Amended without the Previous
sanction of the President
SEVENTH
SCHEDULE Laws to be amended in the manner provided for amendment of the
Constitution
________________________________________
PREFACE
The
National Assembly of Pakistan passed the Constitution on 10th April, 1973, the
President of the National Assembly authenticated on 12th April, 1973 and the
Assembly published the Constitution of the Islamic Republic of Pakistan. A
number of amendments have been made and it has become necessary and expedient
that an up-to-date and authentic version of the Constitution be published by
the Assembly.
The
Third Edition, which is meant to meet that need, incorporates all amendments
made in the Constitution till date.
MAHMOOD
SALIM MAHMOOD
Secretary
National
Assembly of Pakistan
Islamabad;
The
31st July, 2004
THE
CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN
(12th
April, 1973)
Preamble
Whereas
sovereignty over the entire Universe belongs to Almighty Allah alone, and the
authority to be exercised by the people of Pakistan within the limits
prescribed by Him is a sacred trust;
And
whereas it is the will of the people of Pakistan to establish an order—
Wherein
the State shall exercise its powers and authority through the chosen
representatives of the people;
Wherein
the principles of democracy, freedom, equality, tolerance and social justice,
as enunciated by Islam, shall be fully observed;
Wherein
the Muslims shall be enabled to order their lives in the individual and
collective spheres in accordance with the teachings and requirements of Islam
as set out in the Holy Quran and Sunnah;
Wherein
adequate provision shall be made for the minorities freely to profess and
practice their religions and develop their cultures;
Wherein
the territories now included in or in accession with Pakistan and such other
territories as may hereafter be included in or accede to Pakistan shall form a
Federation wherein the units will be autonomous with such boundaries and
limitations on their powers and authority as may be prescribed;
Wherein
shall be guaranteed fundamental rights, including equality of status, of
opportunity and before [the] law, social, economic and political justice, and
freedom of thought, expression, belief, faith, worship and association, subject
to law and public morality;
Wherein
adequate provision shall be made to safeguard the legitimate interests of
minorities and backward and depressed classes;
Wherein
the independence of the judiciary shall be fully secured;
Wherein
the integrity of the territories of the Federation, its independence and all
its rights, including its sovereign rights on land, sea and air, shall be
safeguarded;
So
that the people of Pakistan may prosper and attain their rightful and honoured
place amongst the nations of the World and make their full contribution towards
international peace and progress and happiness of humanity;
Now,
therefore, we, the people of Pakistan;
Conscious
of our responsibility before Almighty Allah and men;
Cognizant
of the sacrifices made by the people in the cause of Pakistan;
Faithful
to the declaration made by the Founder of Pakistan, Quaid-i-Azam Muhammad Ali
Jinnah, that Pakistan would be a democratic State based on Islamic principles
of social justice;
Dedicated
to the preservation of democracy achieved by the unremitting struggle of the
people against oppression and tyranny;
Inspired
by the resolve to protect our national and political unity and solidarity by
creating an egalitarian society through a new order;
Do hereby,
through our representatives in the National Assembly, adopt, enact and give to
ourselves, this Constitution.
PART I
INTRODUCTORY
1. The
Republic and its territories
(1)
Pakistan shall be a Federal Republic to be known as the Islamic Republic of
Pakistan, hereinafter referred to as Pakistan.
(2)
The territories of Pakistan shall comprise—
(a)
the Provinces of Balochistan, the North-West Frontier, the Punjab and Sind;
(b)
the Islamabad Capital Territory, hereinafter referred to as the Federal Capital;
(c)
the Federally Administered Tribal Areas; and
(d)
such States and territories as are or may be included in Pakistan, whether by
accession or otherwise.[2]
(3)
Majlis-e-Shoora (Parliament)[3] may by law admit into the Federation new States
or areas on such terms and conditions as it thinks fit.
2.
Islam to be State religion
Islam
shall be the State religion of Pakistan.
2A.
The Objectives Resolution to form part of substantive provisions[4]
The
principles and provisions set out in the Objectives Resolution reproduced in
the Annex are hereby made substantive part of the Constitution and shall have
effect accordingly.
3.
Elimination of exploitation
The
State shall ensure the elimination of all forms of exploitation and the gradual
fulfillment of the fundamental principle, from each according to his ability to
each according to his work.
4.
Right of individuals to be dealt with in accordance with law, etc.
(1) To
enjoy the protection of law and to be treated in accordance with law is the
inalienable right of every citizen, wherever he may be, and of every other
person for the time being within Pakistan.
(2) In
particular—
(a) no
action detrimental to the life, liberty, body, reputation or property of any
person shall be taken except in accordance with law;
(b) no
person shall be prevented from or be hindered in doing that which is not
prohibited by law; and
(c) no
person shall be compelled to do that which the law does not require him to do.
5.
Loyalty to State and obedience to Constitution and law
(1)
Loyalty to the State is the basic duty of every citizen.
(2)
Obedience to the Constitution and law is the inviolable[5] obligation of every
citizen wherever he may be and of every other person for the time being within
Pakistan.
6.
High treason
(1)
Any person who abrogates or attempts or conspires to abrogate, subverts or
attempts or conspires to subvert the Constitution by use of force or show of
force or by other unconstitutional means shall be guilty of high treason.
(2)
Any person aiding or abetting the acts mentioned in clause (1) shall likewise
be guilty of high treason.
(3)
Majlis-e-Shoora (Parliament) shall by law provide for the punishment of persons
found guilty of high treason.
PART
II
FUNDAMENTAL
RIGHTS AND PRINCIPLES OF POLICY
7.
Definition of the State
In
this Part, unless the context otherwise requires, “the State” means the Federal
Government, Majlis-e-Shoora (Parliament), a Provincial Government, a Provincial
Assembly, and such local or other authorities in Pakistan as are by law
empowered to impose any tax or cess.
CHAPTER
1
Fundamental
Rights
8.
Laws inconsistent with or in derogation of Fundamental Rights to be void
(1)
Any law, or any custom or usage having the force of law, in so far as it is
inconsistent with the rights conferred by this Chapter, shall, to the extent of
such inconsistency, be void.
(2)
The State shall not make any law which takes away or abridges the rights so
conferred and any law made in contravention of this clause shall, to the extend
of such contravention, be void.
(3)
The provisions of this Article shall not apply to—
(a)
any law relating to members of the Armed Forces, or of the police or of such
other forces as are charged with the maintenance of public order, for the
purpose of ensuring the proper discharge of their duties or the maintenance of
discipline among them; or
(b)
any of the—
(i)
laws specified in the First Schedule as in force immediately before the
commencing day or as amended by any of the laws specified in that Schedule;
(ii)
other laws specified in Part I of the First Schedule;[6]
and no
such law nor any provision thereof shall be void on the ground that such law or
provision is inconsistent with, or repugnant to, any provision of this Chapter.
(4)
Notwithstanding anything contained in paragraph (b) of clause (3), within a
period of two years from the commencing day, the appropriate Legislature shall
bring the laws specified in Part II of the First Schedule[7] into conformity
with the rights conferred by this Chapter:
Provided
that the appropriate Legislature may by resolution extend the said period of
two years by a period not exceeding six months.
Explanation.—If
in respect of any law Majlis-e-Shoora (Parliament) is the appropriate
Legislature, such resolution shall be a resolution of the National Assembly.
(5)
The rights conferred by this Chapter shall not be suspended except as expressly
provided by the Constitution.
9.
Security of person
No
person shall be deprived of life or liberty save in accordance with law.
10.
Safeguards as to arrest and detention
(1) No
person who is arrested shall be detained in custody without being informed, as
soon as may be, of the grounds for such arrest, nor shall he be denied the
right to consult and be defended by a legal practitioner of his choice.
(2)
Every person who is arrested and detained in custody shall be produced before a
magistrate within a period of twenty-four hours of such arrest, excluding the
time necessary for the journey from the place of arrest to the court of the
nearest magistrate, and no such person shall be detained in custody beyond the
said period without the authority of a magistrate.
(3)
Nothing in clauses (1) and (2) shall apply to any person who is arrested or
detained under any law providing for preventive detention.
(4) No
law providing for preventive detention shall be made except to deal with
persons acting in a manner prejudicial to the integrity, security or defence of
Pakistan or any part thereof, or external affairs of Pakistan, or public order,
or the maintenance of supplies or services, and no such law shall authorize the
detention of a person for a period exceeding three months[8] unless the
appropriate Review Board has, after affording him an opportunity of being heard
in person, reviewed his case and reported, before the expiration of the said
period, that there is, in its opinion, sufficient cause for such detention,
and, if the detention is continued after the said period of three months,
unless the appropriate Review Board has reviewed his case and reported, before
the expiration of each period of three months, that there is, in its opinion,
sufficient cause for such detention.
Explanation
I.—In this Article, “the appropriate Review Board” means,
(i) in
the case of a person detained under a Federal law a Board appointed by the
Chief Justice of Pakistan and consisting of a Chairman and two other persons
each of whom is or has been a Judge of the Supreme Court or a High Court; and
(ii)
in the case of a person detained under a Provincial law, a Board appointed by
the Chief Justice of the High Court concerned and consisting of a Chairman and
two other persons, each of whom is or has been a Judge of High Court.
Explanation
II.—The opinion of a Review Board shall be expressed in terms of the views of
the majority of its members.
(5)
When any person is detained in pursuance of an order made under any law providing
for preventive detention, the authority making the order shall, within fifteen
days[9] from such detention, communicate to such person the grounds on which
the order has been made, and shall afford him the earliest opportunity of
making a representation against the order:
Provided
that the authority making any such order may refuse to disclose facts which
such authority considers it to be against the public interest to disclose.
(6)
The authority making the order shall furnish to the appropriate Review Board
all documents relevant to the case unless a certificate, signed by a Secretary
to the Government concerned, to the effect that it is not in the public
interest to furnish any documents, is produced.
(7)
Within a period of twenty-four months commencing on the day of his first
detention in pursuance of an order made under a law providing for preventive
detention, no person shall be detained in pursuance of any such order for more
than a total period of eight months in the case of a person detained for acting
in a manner prejudicial to public order and twelve months in any other case:
Provided
that this clause shall not apply to any person who is employed by, or works
for, or acts on instructions received from, the enemy, or who is acting or
attempting to act in a manner prejudicial to the integrity, security or defence
of Pakistan or any part thereof or who commits or attempts to commit any act
which amounts to an anti-national activity as defined in a Federal law or is a
member of any association which has for its objects, or which indulges in, any
such anti-national activity.[10]
(8)
The appropriate Review Board shall determine the place of detention of the
person detained and fix a reasonable subsistence allowance for his family.
(9)
Nothing in this Article shall apply to any person who for the time being is an
enemy alien.
11.
Slavery, forced labour, etc., prohibited
(1)
Slavery is non-existent and forbidden and no law shall permit or facilitate its
introduction into Pakistan in any form.
(2)
All forms of forced labour and traffic in human beings are prohibited.
(3) No
child below the age of fourteen years shall be engaged in any factory or mine
or any other hazardous employment.
(4)
Nothing in this Article shall be deemed to affect compulsory service—
(a) by
any person undergoing punishment for an offence against any law; or
(b)
required by any law for public purpose:
Provided
that no compulsory service shall be of a cruel nature or incompatible with
human dignity.
12.
Protection against retrospective punishment
(1) No
law shall authorize the punishment of a person—
(a)
for an act or omission that was not punishable by law at the time of the act or
omission; or
(b)
for an offence by a penalty greater than, or of a kind different from, the
penalty prescribed by law for that offence at the time the offence was
committed.
(2)
Nothing in clause (1) or in Article 270 shall apply to any law making acts of
abrogation or subversion of a Constitution in force in Pakistan at any time
since the twenty-third day of March, one thousand nine hundred and fifty-six,
an offence.
13.
Protection against double punishment and self-incrimination
No
person—
(a)
shall be prosecuted or punished for the same offence more than once; or
(b)
shall, when accused of an offence, be compelled to be a witness against himself.
14.
Inviolability of dignity of man, etc.
(1)
The dignity of man and, subject to law, the privacy of home, shall be
inviolable.
(2) No
person shall be subjected to torture for the purpose of extracting evidence.
15.
Freedom of movement, etc.
Every
citizen shall have the right to remain in, and, subject to any reasonable
restriction imposed by law in the public interest, enter and move freely
throughout Pakistan and to reside and settle in any part thereof.
16.
Freedom of assembly
Every
citizen shall have the right to assemble peacefully and without arms, subject
to any reasonable restrictions imposed by law in the interest of public order.
17.
Freedom of association
(1)
Every citizen shall have the right to form associations or unions, subject to
any reasonable restrictions imposed by law in the interest of sovereignty or
integrity of Pakistan, public order or morality.[11]
(2)
Every citizen, not being in the service of Pakistan, shall have the right to
form or be a member of a political party, subject to any reasonable
restrictions imposed by law in the interest of the sovereignty or integrity of
Pakistan (or Public Order[12]) and such law shall provide that where the
Federal Government declares that any political party has been formed or is
operating in a manner prejudicial to the sovereignty or integrity of Pakistan
(or Public Order), the Federal Government shall, within fifteen days of such
declaration, refer the matter to the Supreme Court whose decision on such reference
shall be final:[13]
Provided
that no political party shall promote sectarian, ethnic, regional hatred or
animosity, or be titled or constituted as the militant group or section.[14]
(3)
Every political party shall account for the source of its funds in accordance
with law.
(4)
Every political party shall, subject to law, hold intra-party elections to
elect its office-bearers and party leaders.[15]
18.
Freedom of trade, business or profession
Subject
to such qualifications, if any, as may be prescribed by law, every citizen
shall have the right to enter upon any lawful profession or occupation, and to
conduct any lawful trade or business:
Provided
that nothing in this Article shall prevent—
(a)
the regulation of any trade or profession by a licensing system; or
(b)
the regulation of trade, commerce or industry in the interest of free
competition therein; or
(c)
the carrying on, by the Federal Government or a provincial Government, or by a
corporation controlled by any such Government, of any trade, business, industry
or service, to the exclusion, complete or partial, of other persons.
19.
Freedom of speech, etc.
Every
citizen shall have the right to freedom of speech and expression, and there
shall be freedom of the press, subject to any reasonable restrictions imposed
by law in the interest of the glory of Islam or the integrity, security or
defence of Pakistan or any part thereof, friendly relations with foreign
States, public order, decency or morality, or in relation to contempt of court,
commission of[16] or incitement to an offence.
20.
Freedom to profess religion and to manage religious institutions
Subject
to law, public order and morality,—
(a)
every citizen shall have the right to profess, practice and propagate his
religion; and
(b)
every religious denomination and every sect thereof shall have the right to
establish, maintain and manage its religious institutions.
21.
Safeguard against taxation for purposes of any particular religion
No
person shall be compelled to pay any special tax the proceeds of which are to
be spent on the propagation or maintenance of any religion other than his own.
22.
Safeguards as to educational institutions in respect of religion, etc.
(1) No
person attending any educational institution shall be required to receive
religious instruction, or take part in any religious ceremony, or attend
religious worship, if such instruction, ceremony or worship relates to a
religion other than his own.
(2) In
respect of any religious institution, there shall be no discrimination against
any community in the granting of exemption or concession in relation to
taxation.
(3)
Subject to law,—
(a) no
religious community or denomination shall be prevented from providing religious
instruction for pupils of that community or denomination in any educational
institution maintained wholly by that community or denomination; and
(b) no
citizen shall be denied admission to any educational institution receiving aid
from public revenues on the ground only of race, religion, caste or place of
birth.
(4)
Nothing in this Article shall prevent any public authority from making
provision for the advancement of any socially or educationally backward class
of citizens.
23.
Provision as to property
Every
citizen shall have the right to acquire, hold and dispose of property in any
part of Pakistan, subject to the Constitution and any reasonable restrictions
imposed by law in the public interest.
24.
Protection of property rights
(1) No
person shall be deprived of his property save in accordance with law.
(2) No
property shall be compulsorily acquired or taken possession of save for a
public purpose, and save by the authority of law which provides for
compensation therefor and either fixes the amount of compensation or specifies
the principles on and the manner in which compensation is to be determined and
given.
(3)
Nothing in this Article shall affect the validity of—
(a)
any law permitting the compulsory acquisition or taking possession of any
property for preventing danger to life, property or public health; or
(b)
any law permitting the taking over of any property which has been acquired by,
or come into the possession of, any person by any unfair means, or in any
manner, contrary to law; or
(c)
any law relating to the acquisition, administration or disposal of any property
which is or is deemed to be enemy property or evacuee property under any law
(not being property which has ceased to be evacuee property under any law); or
(d)
any law providing for the taking over of the management of any property by the
State for a limited period, either in the public interest or in order to secure
the proper management of the property, or for the benefit of its owner; or
(e)
any law providing for the acquisition of any class of property for the purpose
of—
(i)
providing education and medical aid to all or any specified class of citizens;
or
(ii)
providing housing and public facilities and services such as roads, water
supply, sewerage, gas and electric power to all or any specified class of
citizens; or
(iii)
providing maintenance to those who, on account of unemployment, sickness,
infirmity or old age, are unable to maintain themselves; or
(f)
any existing law or any law made in pursuance of Article 253.
(4)
The adequacy or otherwise of any compensation provided for by any such law as
is referred to in this Article, or determined in pursuance thereof, shall not
be called in question in any court.
25.
Equality of citizens
(1)
All citizens are equal before law and are entitled to equal protection of law.
(2) There
shall be no discrimination on the basis of sex alone.
(3)
Nothing in this Article shall prevent the State from making any special
provision for the protection of women and children.
26.
Non-discrimination in respect of access to public places
(1) In
respect of access to places of public entertainment or resort, not intended for
religious purposes only, there shall be no discrimination against any citizen
on the ground only of race, religion, caste, sex, residence or place of birth.
(2)
Nothing in clause (1) shall prevent the State from making any special provision
for women and children.
27.
Safeguard against discrimination in services
(1) No
citizen otherwise qualified for appointment in the service of Pakistan shall be
discriminated against in respect of any such appointment on the ground only of
race religion, caste, sex, residence or place of birth:
Provided
that, for a period not exceeding forty[17] years from the commencing day, posts
may be reserved for persons belonging to any class or area to secure their
adequate representation in the service of Pakistan;
Provided
further that, in the interest of the said service, specified posts or services
may be reserved for members of either sex if such posts or services entail the
performance of duties and functions which cannot be adequately performed by
members of the other sex.
(2)
Nothing in clause (1) shall prevent any Provincial Government, or any local or
other authority in a Province, from prescribing, in relation to any post or
class of service under that Government or authority, conditions as to residence
in the Province, for a period not exceeding three years, prior to appointment
under that Government or authority.
28.
Preservation of language, script and culture
Subject
to Article 251 any section of citizens having a distinct language, script or
culture shall have the right to preserve and promote the same and subject to
law, establish institutions for that purpose.
CHAPTER
2
Principles
of Policy
29.
Principles of Policy
(1)
The Principles set out in this Chapter shall be known as the Principles of
Policy, and it is the responsibility of each organ and authority of the State,
and of each person performing functions on behalf of an organ or authority of
the State, to act in accordance with those Principles in so far as they relate
to the functions of the organ or authority.
(2) In
so far as the observance of any particular Principle of Policy may be dependent
upon resources being available for the purpose, the Principle shall be regarded
as being subject to the availability of resources.
(3) In
respect of each year, the President in relation to the affairs of the
Federation, and the Governor of each Province in relation to the affairs of his
Province, shall cause to be prepared and laid before the National Assembly or,
as the case may be, the Provincial Assembly, a report on the observance and
implementation of the Principles of policy, and provision shall be made in the
rules of procedure of the National Assembly or, as the case may be, the
provincial Assembly, for discussion on such report.
30.
Responsibility with respect to Principles of Policy
(1)
The responsibility of deciding whether any action of an organ or authority of
the State, or of a person performing functions on behalf of an organ or authority
of the State, is in accordance with the Principles of Policy is that of the
organ or authority of the State, or of the person, concerned.
(2)
The validity of an action or of a law shall not be called in question on the
ground that it is not in accordance with the Principles of Policy, and no
action shall lie against the State, any organ or authority of the State or any
person on such ground.
31.
Islamic way of life
(1)
Steps shall be taken to enable the Muslims of Pakistan, individually and
collectively, to order their lives in accordance with the fundamental
principles and basic concepts of Islam and to provide facilities whereby they
may be enabled to understand the meaning of life according to the Holy Quran
and Sunnah.
(2)
The State shall endeavour, as respects the Muslims of Pakistan,—
(a) to
make the teaching of the Holy Quran and Islamiat compulsory, to encourage and
facilitate the learning of Arabic language and to secure correct and exact
printing and publishing of the Holy Quran;
(b) to
promote unity and the observance of the Islamic moral standards; and
(c) to
secure the proper organization of zakat, ushr,[18] auqaf and mosques.
32.
Promotion of local Government institutions
The
State shall encourage local Government institutions composed of elected
representatives of the areas concerned and in such institutions special
representation will be given to peasants, workers and women.
33.
Parochial and other similar prejudices to be discouraged
The
State shall discourage parochial, racial, tribal, sectarian and provincial
prejudices among the citizens.
34.
Full participation of women in national life
Steps
shall be taken to ensure full participation of women in all spheres of national
life.
35. Protection
of family, etc.
The
State shall protect the marriage, the family, the mother and the child.
36.
Protection of minorities
The
State shall safeguard the legitimate rights and interests of minorities,
including their due representation in the Federal and Provincial services.
37.
Promotion of social justice and eradication of social evils
The
State shall—
(a)
promote, with special care, the educational and economic interests of backward
classes or areas;
(b)
remove illiteracy and provide free and compulsory secondary education within
minimum possible period;
(c)
make technical and professional education generally available and higher
education equally accessible to all on the basis of merit;
(d)
ensure inexpensive and expeditious justice;
(e)
make provision for securing just and humane conditions of work, ensuring that
children and women are not employed in vocations unsuited to their age or sex,
and for maternity benefits for women in employment;
(f)
enable the people of different areas, through education, training, agricultural
and industrial development and other methods, to participate fully in all forms
of national activities, including employment in the service of Pakistan;
(g)
prevent prostitution, gambling and taking of injurious drugs, printing,
publication, circulation and display of obscene literature and advertisement;
(h)
prevent the consumption of alcoholic liquor otherwise than for medicinal and,
in the case of non-Muslims, religious purposes; and
(i)
decentralise the Government administration so as to facilitate expeditious
disposal of its business to meet the convenience and requirements of the public.
38.
Promotion of social and economic well-being of the people
The
State shall—
(a)
secure the well-being of the people, irrespective of sex, caste, creed or race,
by raising their standard of living, by preventing the concentration of wealth
and means of production and distribution in the hands of a few to the detriment
of general interest and by ensuring equitable adjustment of rights between
employers and employees, and landlords and tenants;
(b)
provide for all citizens, within the available resources of the country,
facilities for work and adequate livelihood with reasonable rest and leisure;
(c)
provide for all persons employed in the service of Pakistan or otherwise,
social security by compulsory social insurance or other means;
(d)
provide basic necessities of life, such as food, clothing, housing, education
and medical relief, for all such citizens, irrespective of sex, caste, creed or
race, as are permanently or temporarily unable to earn their livelihood on
account of infirmity, sickness or unemployment;
(e)
reduce disparity in the income and earnings of individuals, including persons
in the various classes of the service of Pakistan; and
(f)
eliminate riba as early as possible.
39.
Participation of people in Armed Forces
The
State shall enable people from all parts of Pakistan to participate in the
Armed Forces of Pakistan.
40.
Strengthening bonds with Muslim world and promoting international peace
The
State shall endeavour to preserve and strengthen fraternal relations among
Muslim countries based on Islamic unity, support the common interests of the
peoples of Asia, Africa and Latin America, promote international peace and
security, foster goodwill and friendly relations among all nations and
encourage the settlement of international disputes by peaceful means.
PART
III
THE
FEDERATION OF PAKISTAN
CHAPTER
1
The
President
41.
The President
(1)
There shall be a President of Pakistan who shall be the Head of State and shall
represent the unity of the Republic.
(2) A
person shall not be qualified for election as President unless he is a Muslim
of not less than forty-five years of age and is qualified to be elected as
member of the National Assembly.
(3)
The President to be elected after the expiration of the term specified in
clause (7) shall be elected in accordance with the provisions of the Second
Schedule by the members of an electoral college consisting of—
(a)
the members of both Houses; and
(b)
the members of the Provincial Assemblies.[19]
(4)
Election to the office of President shall be held not earlier than sixty days
and not later than thirty days before the expiration of the term of the
President in office:
Provided
that, if the election cannot be held within the period aforesaid because the
National Assembly is dissolved, it shall be held within thirty days of the
general election to the Assembly.
(5) An
election to fill a vacancy in the office of president shall be held not later
than thirty days from the occurrence of the vacancy:
Provided
that, if the election cannot be held within the period aforesaid because the
national Assembly is dissolved, it shall be held within thirty days of the
general election to the Assembly.
(6)
The validity of the election of the President shall not be called in question
by or before any court or other authority.
(7)
The Chief Executive of the Islamic Republic of Pakistan—
(a)
shall relinquished the office of Chief Executive on such day as he may
determine in accordance with the judgement of the Supreme Court of Pakistan of
the 12th May 2000; and
(b)
having received the democratic mandate to serve the nation as President of
Pakistan for a period of five years shall on relinquishing the office of the
Chief Executive, notwithstanding any thing contained in this Article or Article
43 or any other provision of the constitutions or any other law for the time
being in force, assume the office of President of Pakistan forthwith and shall
hold office for a term of five years under constitution and Article 44 and
other provision of the constitution shall apply accordingly:[20]
Provided
that paragraph (d) of clause (1) of Article 63 shall become operative on and
from the 31st day of December, 2004.
(8)
Without prejudice to the provisions of clause (7), any member or members of a
House of Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually
or jointly, may, not later than thirty days from the commencement of the Constitution
(Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for
further affirmation of the President in office by majority of the members
present and voting, by division or any other method as prescribed in the rules
made by the Federal Government under clause (9), of the electoral college
consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the
Provincial Assemblies, in a special session of each House of Majlis-e-Shoora
(Parliament) and of each Provincial Assembly summoned for the purpose, and the
vote of confidence having been passed, the President, notwithstanding anything
contained in the Constitution or judgment of any court, shall be deemed to be
elected to hold office for a term of five years under the Constitution, and the
same shall not be called in question in any court or forum on any ground
whatsoever.
(9)
Notwithstanding anything contained in the Constitution or any other law for the
time being in force, the proceedings for the vote of confidence referred to in
clause (8) shall be regulated and conducted by the Chief Election Commissioner
in accordance with such procedure and the votes shall be counted in such manner
as may be prescribed by the rules framed by the Federal Government:
Provided
that clauses (8) and (9) shall be valid only for the forthcoming vote of
confidence for the current term of the President in office.[21]
42.
Oath of President
Before
entering upon office, the president shall make before the Chief Justice of
Pakistan oath in the form set out in the Third Schedule.
43.
Conditions of President’s office
(1)
The President shall not hold any office of profit in the service of Pakistan or
occupy any other position carrying the right to remuneration for the rendering
of services.
(2)
The President shall not be a candidate for election as a member of
Majlis-e-Shoora (Parliament) or a Provincial Assembly; and, if a member of
Majlis-e-Shoora (Parliament) or a Provincial Assembly is elected as President,
his seat in Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial
Assembly shall become vacant on the day he enters upon his office.
44.
Term of office of President
(1)
Subject to the Constitution, the President shall hold office for a term of five
years from the day he enters upon his office:
Provided
that the President shall, notwithstanding the expiration of his term, continue
to hold office until his successor enters upon his office.
(2)
Subject to the Constitution, a person holding office as President shall be
eligible for re-election to that office, but no person shall hold that office
for more than two consecutive terms.
(3)
The President may, by writing under his hand addressed to the Speaker of the
National Assembly, resign his office.
45.
President’s power to grant pardon, etc.
The
president shall have power to grant pardon, reprieve and respite, and to remit,
suspend or commute any sentence passed by any court, tribunal or other
authority.
46.
Duties of Prime Minister in relation to President[22]
It
shall be the duty of the Prime Minister—
(a) to
communicate to the President all decisions of the Cabinet relating to the
administration of the affairs of the Federation and proposals for legislation;
(b) to
furnish such information relating to the administration of the affairs of the
Federation and proposals for legislation as the President may call for; and
(c) if
the President so requires, to submit for the consideration of the Cabinet any
matter on which a decision has been taken by the Prime Minister or a Minister
but which has not been considered by the Cabinet.
47.
Removal or impeachment of president[23]
(1)
Notwithstanding anything contained in the Constitution, the President may, in
accordance with the provisions of this Article, be removed from office on the
ground of physical or mental incapacity or impeached on a charge of violating
the Constitution or gross misconduct.
(2)
Not less than one-half of the total membership of either House may give to the
Speaker of the National Assembly or, as the case may be, the Chairman written
notice of its intention to move a resolution for the removal of, or, as the
case may be, to impeach, the President; and such notice shall set out the
particulars of his incapacity or of the charge against him.[24]
(3) If
a notice under clause (2) is received by the Chairman, he shall transmit it
forthwith to the Speaker.
(4)
The Speaker shall, within three days of the receipt of a notice under clause
(2) or clause (3), cause a copy of the notice to be transmitted to the
President.
(5)
The Speaker shall summon the two Houses to meet in a joint sitting not earlier
than seven days and not later than fourteen days after the receipt of the
notice by him.
(6)
The joint sitting may investigate or cause to be investigated the ground or the
charge upon which the notice is founded.
(7)
The President shall have the right to appear and be represented during the
investigation, if any, and before the joint sitting.
(8)
If, after consideration of the result of the investigation, if any, a
resolution is passed at the joint sitting by the votes of not less than
two-thirds of the total membership of Majlis-e-Shoora (Parliament) declaring
that the President is unfit to hold the office due to incapacity or is guilty
of violating the Constitution or of gross misconduct, the President shall cease
to hold office immediately on the passing of the resolution.
48.
President to act on advice, etc.[25]
(1) In
the exercise of his functions, the President shall act in accordance with the
advice of the Cabinet or the Prime Minister:[26]
Provided
that the President may require the Cabinet or, as the case may be, the Prime
Minister to reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after such
reconsideration.[27]
(2)
Notwithstanding anything contained in clause (1), the President shall act in
his discretion in respect of any matter in respect of which he is empowered by
the Constitution to do so and the validity of anything done by the President in
his discretion shall not be called in question on any ground whatsoever.
[(3)
Omitted.][28]
(4)
The question whether any, and if so what, advice was tendered to the President
by the Cabinet, the Prime Minister, a Minister or Minister of State shall not
be inquired into in, or by, any court, tribunal or other authority.
(5)
Where the President dissolves the National Assembly he shall, in his discretion—
(a)
appoint a date, not later than ninety[29] days from the date of the
dissolution, for the holding of a general election to the Assembly; and
(b)
appoint a care-taker Cabinet.
(6)
If, at any time, the President, in his discretion, or on the advice of the
Prime Minister, considers that it is desirable that any matter of national
importance should be referred to a referendum, the President may cause the
matter to be referred to a referendum in the form of a question that is capable
of being answered either by “Yes” or “No”.
(7) An
Act of Majlis-e-Shoora (Parliament) may lay down the procedure for the holding
of a referendum and the compiling and consolidation of the result of a
referendum.
49.
Chairman or Speaker to act as, or perform functions of, President
(1) If
the office of President becomes vacant by reason of death, resignation or
removal of the President, the Chairman or, if he is unable to perform the
functions of the office of President, the Speaker of the National Assembly
shall act as President until a President is elected in accordance with clause
(3) of Article 41.
(2)
When the President, by reason of absence from Pakistan or any other cause, is
unable to perform his functions, the Chairman or, if he too is absent or unable
to perform the functions of the office of President, the Speaker of the
National Assembly shall perform the functions of president until the President
returns to Pakistan or, as the case may be, resumes his functions.
CHAPTER
2
The
Majlis-e-Shoora (Parliament)
Composition,
Duration and Meetings of Majlis-e-Shoora (Parliament)
50.
Majlis-e-Shoora (Parliament)[30]
There
shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the president
and two Houses to be known respectively as the National Assembly and the Senate.
51.
National Assembly
(1)
There shall be three hundred and forty-two[31] seats of the members in the
National Assembly, including seats reserved for women and non-Muslims.
(1A)
The seats in the National Assembly referred to in clause (1), except as
provided in clause (2A), are allocated to each Province, the Federally
Administered Tribal Areas and the Federal Capital as under:
General
Seats Women Total
Balochistan
14 3 17
The
North-West Frontier Province 35 8 43
The
Punjab 148 35 183
Sind
61 14 75
The
Federally Administered Tribal Areas 12 - 12
The
Federal Capital 2 - 2
Total
272 60 332
(2) A
person shall be entitled to vote if—
(a) he
is a citizen of Pakistan;
(b) he
is not less than eighteen[32] years of age;
(c)
his name appears on the electoral roll; and
(d) he
is not declared by a competent court to be of unsound mind.[33]
(2A)
In addition to the number of seats referred to in clause (1A), there shall be
in the National Assembly, ten seats reserved for non-Muslims.[34]
(3)
The seats in the National Assembly shall be allocated to each Province, the
Federally Administered Tribal Areas and the Federal Capital on the basis of population
in accordance with the last preceding census officially published.
(4)
For the purpose of election to the National Assembly—
(a)
the constituencies for the general seats shall be single member territorial
constituencies and the members to fill such seats shall be elected by direct
and free vote in accordance with Law;
(b)
each Province shall be a single constituency for all seats reserved for women
which are allocated to the respective Provinces under clause (1A);
(c)
the constituency for all seats reserved for non-Muslims shall be the whole
country;
(d)
members to the seats reserved for women which are allocated to a Province under
clause (1A) shall be elected in accordance with law through proportional
representation system of political parties’ lists of candidates on the basis of
total number of general seats secured by each political party from the Province
concerned in the National Assembly:
Provided
that for the purpose of this sub-clause the total number of general seats won
by a political party shall include the independent returned candidate or
candidates who may duly join such political party within three days of the
publication in the official Gazette of the names of the returned candidates;
(e)
members to the seats reserved for non-Muslims shall be elected in accordance
with law through proportional representation system of political parties lists
of candidates on the basis of total number of general seats won by each
political party in the National Assembly:
Provided
that for the purpose of this sub-clause the total number of general seats won
by a political party shall include the independent returned candidate or
candidates who may duly join such political party within three days of the
publication in the official Gazette of the names of the returned candidates.[35]
[(4A)–(6)
Omitted.][36]
52.
Duration of National Assembly
The
National Assembly shall, unless sooner dissolved, continue for a term of five
years from the day of its first meeting and shall stand dissolved at the
expiration of its term.
53.
Speaker and Deputy Speaker of National Assembly
(1)
After a general election, the National Assembly shall, at its first meeting and
to the exclusion of any other business, elect from amongst its members a
Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy
Speaker becomes vacant, the Assembly shall elect another member as Speaker or,
as the case may be, Deputy Speaker.
(2)
Before entering upon office, a member elected as Speaker or Deputy Speaker
shall make before the National Assembly oath in the form set out in the Third
Schedule.
(3)
When the office of Speaker is vacant, or the Speaker is absent or is unable to
perform his functions due to any cause, the Deputy Speaker shall act as
Speaker, and if, at that times, the Deputy Speaker is also absent or is unable
to act as Speaker due to any cause, such member as may be determined by the
rules of procedure of the Assembly shall preside at the meeting of the Assembly.
(4)
The Speaker or the Deputy Speaker shall not preside at a meeting of the
Assembly when a resolution for his removal from office is being considered.
(5)
The Speaker may, by writing under his hand addressed to the President, resign
his office.
(6)
The Deputy Speaker may, by writing under his hand addressed to the Speaker,
resign his office.
(7)
The office of Speaker or Deputy Speaker shall become vacant if—
(a) he
resigns his office;
(b) he
ceases to be a member of the Assembly; or
(c) he
is removed from office by a resolution of the Assembly, of which not less than
seven days’ notice has been given and which is passed by the votes of the
majority of the total membership of the Assembly.
(8)
When the National Assembly is dissolved, the Speaker shall continue in his
office till the person elected to fill the office by the next Assembly enters
upon his office.
54.
Summoning and Prorogation of Majlis-e-Shoora (Parliament)[37]
(1)
The President may, from time to time, summon either House or both Houses or
Majlis-e-Shoora (Parliament) in joint sitting to meet at such time and place as
he thinks fit and may also prorogue the same.
(2)
There shall be at least three[38] sessions of the National Assembly every year,
and not more than one hundred and twenty days shall intervene between the last
sitting of the Assembly in one session and the date appointed for its first
sitting in the next session:
Provided
that the National Assembly shall meet for not less than one hundred and
thirty[39] working days in each year.
Explanation.—In
this clause, “working days” includes any day on which there is a joint sitting
and any period, not exceeding two days, for which the National Assembly is
adjourned.[40]
(3) On
a requisition signed by not less than one-fourth of the total membership of the
National Assembly, the Speaker shall summon the National Assembly to meet, at
such time and place as he thinks fit, within fourteen days of the receipt of
the requisition; and when the Speaker has summoned the Assembly only he may
prorogue it.
55.
Voting in Assembly and quorum
(1)
Subject to the Constitution, all decisions of the National Assembly shall be
taken by majority of the members present and voting, but the person presiding
shall not vote except in the case of equality of votes.
(2) If
at any time during a sitting of the National Assembly the attention of the
person presiding is drawn to the fact that less than one-fourth of the total
membership of the Assembly is present, he shall either adjourn the Assembly or
suspend the meeting until at least one-fourth of such membership is present.
56.
Address by President
(1)
The President may address either House or both Houses assembled together and
may for that purpose require the attendance of the members.
(2)
The President may sent messages to either House whether with respect to a Bill
then pending in the Majlis-e-Shoora (Parliament) or otherwise, and a House to
which any message is so sent shall with all convenient despatch consider any
matter required by the message to be taken into consideration.
(3) At
the commencement of the first session after each general election to the
National Assembly and at the commencement of the first session of each year the
President shall address both Houses assembled together and inform the
Majlis-e-Shoora (Parliament) of the causes of its summons.
(4)
Provision shall be made in the rules for regulating the procedure of a House
and the conduct of its business for the allotment of time for discussion of the
matters referred to in the address of the President.[41]
57.
Right to speak in Majlis-e-Shoora (Parliament)
The
Prime Minister, a Federal Minister, a Minister of State and the Attorney
General shall have the right to speak and otherwise take part in the
proceedings of either House, or a joint sitting or any committee thereof, of
which he may be named a member, but shall not by virtue of this Article be
entitled to vote.
58.Dissolution
of National Assembly
(1)
The President shall dissolve the National Assembly if so advised by the Prime
Minister; and the National Assembly shall, unless sooner dissolved, stand
dissolved at the expiration of forty-eight hours after the Prime Minister has
so advised.
Explanation.—Reference
in this Article to “Prime Minister” shall not be construed to include reference
to a Prime Minister against whom a notice of a resolution for a vote of
no-confidence has been given[42] in the National Assembly but has not been
voted upon or against whom such a resolution has been passed or who is
continuing in office after his resignation or after the dissolution of the
National Assembly.[43]
(2)
Notwithstanding anything contained in clause (2) of Article 48, the President
may also dissolve the National Assembly in his discretion where, in his opinion—
(a) a
vote of no-confidence having been passed against the Prime Minister, no other
member of the National Assembly is likely to command the confidence of the
majority of the members of the National Assembly in accordance with the
provisions of the Constitution, as ascertained in a session of the National
Assembly summoned for the purpose; or[44]
(b) A
situation has been arisen in which the government of the Federation cannot be
carried on in accordance with the provisions of the Constitution and an appeal
to the electorate is necessary.[45]
(3)
The President in case of dissolution of the National Assembly under paragraph
(b) of clause (2) shall, within fifteen days of the dissolution, refer the
matter to the Supreme Court and the Supreme Court shall decide the reference
within thirty days whose decision shall be final.[46]
59.
The Senate
(1)
The Senate shall consist of one hundred members, of whom—
(a)
fourteen shall be elected by the members of each Provincial Assembly;
(b)
eight shall be elected from the Federally Administered Tribal Areas in such
manner as the President may, by order prescribe;[47]
(c)
two on general seats, and one technocrat including Aalim shall be elected from
the Federal Capital in such manner as the President may, by Order, prescribe;
(d)
four women shall be elected by the members of each Provincial Assembly;
(e)
four technocrat including Ulema shall be elected by the members of each
provincial Assembly;[48]
(2)
Election to fill seats in the Senate allocated to each Province shall be held
in accordance with the system of proportional representation by means of the
single transferable vote.
(3)
The Senate shall not be subject to dissolution but the term of its members, who
shall retire as follows, shall be six years—[49]
(a) of
the members referred to in paragraph (a) of clause (1), seven shall retire
after the expiration of the first three years and seven shall retire after the expiration
of the next three years;
(b) of
the members referred to in paragraph (b) of the aforesaid clause, four shall
retire after the expiration of the first three years and four shall retire
after the expiration of the next three years;
(c) of
the members referred to in paragraph (c) of the aforesaid clause,
(i)
one elected on general seats shall retire after the expiration of the first
three years and the other one shall retire after the expiration of the next
three years; and
(ii)
one elected on the seat reserved for technocrat shall retire after the first
three years and the one elected on the seat reserved for women shall retire
after the expiration of the next three years;[50]
(d) of
the members referred to in paragraph (d) of the aforesaid clause, two shall
retire after the expiration of the first three years and two shall retire after
the expiration of the next three years; and
(e) of
the members referred to in paragraph (e) of the aforesaid clause, two shall
retire after the expiration of the first three years and two shall retire after
the expiration of the next three years.[51]
Provided
that the term of office of a person elected[52] to fill a casual vacancy shall
be the unexpired term of the member whose vacancy he has filled.
[(4)
Omitted.][53]
60.
Chairman and Deputy Chairman
(1)
After the Senate has been duly constituted, it shall, at its first meeting and
to the exclusion of any other business, elect from amongst its members a
Chairman and a Deputy Chairman and, so often as the office of Chairman or
Deputy Chairman becomes vacant, the Senate shall elect another member as
Chairman or, as the case may be, Deputy Chairman.
(2)
The term of office of the Chairman or Deputy Chairman shall be three[54] years
from the day on which he enters upon his office.
61.
Other Provisions relating to Senate
The
provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article
54 and Article 55 shall apply to the Senate as they apply to the National
Assembly and, in their application to the Senate, shall have effect as if
references therein to the National Assembly, Speaker and Deputy Speaker were
references, respectively, to the Senate, Chairman and Deputy Chairman and as
if, in the proviso to the said clause (2) of Article 54, for the words “one hundred
and thirty” the word “ninety” were substituted.[55]
Provisions
as to Members of Majlis-e-Shoora (Parliament)
62.
Qualifications for membership of Majlis-e-Shoora (Parliament)[56]
A
person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora
(Parliament) unless—
(a) he
is a citizen of Pakistan;
(b) he
is, in the case of National Assembly, not less than twenty-five years of age
and is enrolled as a voter in any electoral roll in—
(i)
any part of Pakistan, for election to a general seat or a seat reserved for non
Muslims; and
(ii)
any area in a province from which he seeks membership for election to a seat
reserved for women.[57]
(c) he
is, in the case of Senate, not less than thirty years of age and is enrolled as
a voter in any area in a province or, as the case may be, the Federal Capital
or the Federally Administered Tribal Areas, from where he seeks membership;
(d) he
is of good character and is not commonly known as one who violates Islamic
Injunctions;
(e) he
has adequate knowledge of Islamic teachings and practices obligatory duties
prescribed by Islam as well as abstains from major sins;
(f) he
is sagacious, righteous and non-profligate and honest and ameen;
(g) he
has not been convicted for a crime involving moral turpitude or for giving
false evidence;
(h) he
has not, after the establishment of Pakistan, worked against the integrity of
the country or opposed the Ideology of Pakistan:
Provided
that the disqualifications specified in paragraphs (d) and (e) shall not apply
to a person who is a non-Muslim, but such a person shall have good moral
reputation; and
(i) he
possesses such other qualifications as may be prescribed by Act of
Majlis-e-Shoora (Parliament).
63.
Disqualifications for membership of Majlis-e-Shoora (Parliament)
(1) A
person shall be disqualified from being elected or chosen as, and from being, a
member of the Majlis-e-Shoora (Parliament), if—
(a) he
is of unsound mind and has been so declared by a competent court; or
(b) he
is an undischarged insolvent; or
(c) he
ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign
State; or
(d) he
holds an office of profit in the service of Pakistan other than an office
declared by law not to disqualify its holder; or
(e) he
is in the service of any statutory body or any body which is owned or
controlled by the Government or in which the Government has a controlling share
or interest; or
(f)
being a citizen of Pakistan by virtue of section 14B of the Pakistan
Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under
any law in force in Azad Jammu and Kashmir from being elected as a member of
the Legislative Assembly of Azad Jammu and Kashmir; or
(g) he
is propagating any opinion, or acting in any manner, prejudicial to the
Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or
morality, or the maintenance of public order, or the integrity or independence
of the judiciary of Pakistan, or which defames or brings into ridicule the
judiciary or the Armed Forces of Pakistan; or
(h) he
has been convicted by a court of competent jurisdiction on a charge of corrupt
practice, moral turpitude or misuse of power or authority under any law for the
time being enforce; or
(i) he
has been dismissed from the service of Pakistan or service of a corporation or
office setup or controlled by the Federal Government, Provincial Government or
a local Government on the grounds misconduct or moral turpitude; or
(j) he
has been removed or compulsorily retired from the service of Pakistan or
service of a corporation or office setup or controlled by the Federal
Government, Provincial Government or a local Government on the grounds
misconduct or moral turpitude; or[58]
(k) he
has been in the service of Pakistan or of any statutory body or any body which
is owned or controlled by the Government or in which the Government has a
controlling share or interest, unless a period of two years has elapsed since
he ceased to be in such service; or
(l) he
is found guilty of a corrupt or illegal practice under any law for the time
being in force, unless a period of five years has elapsed from the date on
which that order takes effect; or
(m) he
has been convicted under section 7 of the Political Parties Act, 1962 (III of
1962), unless a period of five years has elapsed from the date of such
conviction; or
(n)
he, whether by himself or by any person or body of persons in trust for him or
for his benefit or on his account or as a member of a Hindu undivided family,
has any share or interest in a contract, not being a contract between a
cooperative society and Government, for the supply of goods to, or for the
execution of any contract or for the performance of any service undertaken by,
Government:
Provided
that the disqualification under this paragraph shall not apply to a person—
(i)
Where the share or interest in the contract devolves on him by inheritance or
succession or as a legatee, executor or administrator, until the expiration of
six months after it has so devolved on him;
(ii)
where the contract has been entered into by or on behalf of a public company as
defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a
shareholder but is not a director holding an office of profit under the
company; or
(iii)
where he is a member of a Hindu undivided family and the contract has been
entered into by any other member of that family in the course of carrying on a
separate business in which he has no share or interest; or
Explanation.—In
this Article “goods” does not include agricultural produce or commodity grown
or produced by him or such goods as he is, under any directive of Government or
any law for the time being in force, under a duty or obligation to supply.
(o) he
holds any office of profit in the service of Pakistan other than the following
offices, namely:
(i) an
office which is not whole time office remunerated either by salary or by fee;
(ii)
the office of Lumbardar, whether called by this or any other title;
(iii)
the Qaumi Razakars;
(iv)
any office the holder whereof, by virtue of such office, is liable to be called
up for military training or military service under any law providing for the
constitution or raising of a Force; or
(p) he
has been convicted and sentenced to imprisonment for having absconded by a
competent court under any law for the time being in force; or[59]
(q) he
has obtained a loan for an amount of two million rupees or more, from any bank,
financial institution, cooperative society or cooperative body in his own name
or in the name of his spouse or any of his dependents, which remains unpaid for
more than one year from the due date, or has got such loan written off; of
(r) he
or his spouse or any of his dependents has defaulted in payment of government
dues and utility expenses, including telephone, electricity, gas and water
charges in excess of ten thousand rupees, for over six months, at the time of
filling his nomination papers; or
(s) he
is for the time being disqualified from being elected or chosen as a member of
the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for
the time being in force.[60]
(2) If
any question arises whether a member of the Majlis-e-Shoora (Parliament) has
become disqualified from being a member, the Speaker or, as the case may be,
the Chairman shall within thirty days from [the] raising of such question refer
the question to the Chief Election Commissioner.[61]
(3)
Where a question is referred to the Chief Election Commissioner under clause
(2), he shall lay such question before the Election Commission which shall give
its decision thereon not later than three months from its receipt by the Chief
Election Commissioner.[62]
63A.
Disqualification on ground of defection, etc.[63]
(1) If
a member of a Parliamentary party composed of a single political party in a
House—
(a)
resigns from membership of his political party or joins another Parliamentary
party; or
(b)
votes or abstains from voting in the House contrary to any direction issued by
the Parliamentary party to which he belongs, in relation to—
(i)
election of the Prime Minister or the Chief Minister; or
(ii) a
vote of confidence or a vote of no confidence; or
(iii)
a money bill;
he may
be declared in writing by the Head of the Parliamentary Party to have defected
from the political party, and the Head of the Parliamentary Party may forward a
copy of the declaration to the Presiding Officer, and shall similarly forward a
copy thereof to the member concerned:
Provided
that before making the declaration, the Head of the Parliamentary Party shall
provide such member with an opportunity to show cause as to why such
declaration may not be made against him.
(2) A
member of a House shall be deemed to be a member of a Parliamentary party if
he, having been elected as a candidate or nominee of a political party which
constitutes the Parliamentary party in the House or having been elected
otherwise than as a candidate or nominee of a political party, has become a member
of such Parliamentary party after such election by means of a declaration in
writing.
(3)
Upon receipt of the declaration under clause (1), the Presiding Officer of the
House shall within two days refer the declaration to the Chief Election
Commissioner who shall lay the declaration before the Election Commission for
its decision thereon confirming the declaration or otherwise within thirty days
of its receipt by the Chief Election Commissioner.
(4)
Where the Election Commission confirms the declaration, the member referred to
in clause (1) shall cease to be a member of the House and his seat shall become
vacant.
(5)
Any party aggrieved by the decision of the Election Commission may, within
thirty days, prefer an appeal to the Supreme Court which shall decide the
matter within three months from the date of the filing of the appeal.
(6)
Nothing contained in this Article shall apply to the Chairman or Speaker of a
House.
(7)
For the purpose of this Article—
(a)
“House” means the National Assembly or the Senate, in relation to the
Federation, and the Provincial Assembly in relation to the Province, as the
case may be.
(b)
“Presiding Officer” means the Speaker of the National Assembly, the Chairman of
the Senate or the Speaker of the Provincial Assembly, as the case may be.
64.
Vacation of seats
(1) A
member of Majlis-e-Shoora (Parliament) may by writing under his hand addressed
to the Speaker or, as the case may be, the Chairman resign his seat, and
thereupon his seat shall become vacant.
(2) A
House may declare the seat of a member vacant if, without leave of the House,
he remains absent for forty consecutive days of its sittings.
65.
Oath of members
A
person elected to a House shall not sit or vote until he has made before the
House oath in the form set out in the Third Schedule.
66.
Privileges of members, etc.
(1)
Subject to the Constitution and to the rules of procedure of Majlis-e-Shoora
(Parliament), there shall be freedom of speech in Majlis-e-Shoora (Parliament)
and no member shall be liable to any proceedings in any court in respect of
anything said or any vote given by him in Majlis-e-Shoora (Parliament), and no
person shall be so liable in respect of the publication by or under the
authority of Majlis-e-Shoora (Parliament) of any report, paper, votes or
proceedings.
(2) In
other respects, the powers, immunities and privileges of Majlis-e-Shoora
(Parliament), and the immunities and privileges of the members of
Majlis-e-Shoora (Parliament), shall be such as may from time to time be defined
by law and, until so defined, shall be such as were, immediately before the
commencing day, enjoyed by the National Assembly of Pakistan and the committees
thereof and its members.
(3)
Provision may be made by law for the punishment, by a House, of persons who
refuse to give evidence or produce documents before a committee of the House
when duly required by the chairman of the committee so to do:
Provided
that any such law—
(a)
may empower a court to punish a person who refuses to give evidence or produce
documents; and
(b)
shall have effect subject to such Order for safeguarding confidential matters
from disclosure as may be made by the President.
(4)
The provisions of this Article shall apply to persons who have the right to
speak in, and otherwise to take part in the proceedings of, Majlis-e-Shoora
(Parliament) as they apply to members.
(5) In
this Article, Majlis-e-Shoora (Parliament) means either House or a joint
sitting, or a committee thereof.
Procedure
generally
67.
Rules of Procedure, etc.
(1) Subject
to the Constitution, a House may make rules for regulating its procedure and
the conduct of its business, and shall have power to act notwithstanding any
vacancy in the membership thereof, and any proceedings in the House shall not
be invalid on the ground that some persons who were not entitled to do so sat,
voted or otherwise took part in the proceedings.
(2)
Until rules are made under clause (1), the procedure and conduct of business in
a House shall be regulated by the rules of procedure made by the President.
68.
Restriction on discussion in Majlis-e-Shoora (Parliament)
No
discussion shall take place in Majlis-e-Shoora (Parliament) with respect to the
conduct of any judge of the Supreme Court or of a High Court in the discharge
of his duties.
69.
Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament)
(1)
The validity of any proceedings in Majlis-e-Shoora (Parliament) shall not be
called in question on the ground of any irregularity of procedure.
(2) No
officer or member of Majlis-e-Shoora (Parliament)] in whom powers are vested by
or under the Constitution for regulating procedure or the conduct of business,
or for maintaining order in Majlis-e-Shoora (Parliament), shall be subject to
the jurisdiction of any court in respect of the exercise by him of those powers.
(3) In
this Article, Majlis-e-Shoora (Parliament) has the same meaning as in Article
66.
Legislative
Procedure
70.
Introduction and passing of Bills[64]
(1) A
Bill with respect to any matter in the Federal Legislative List or in the
Concurrent Legislative List may originate in either House and shall, if it is
passed by the House in which it originated, be transmitted to the other House;
and, if the Bill is passed without amendment, by the other House also, it shall
be presented to the President for assent.
(2) If
a Bill transmitted to a House under clause (1) is rejected or is not passed
within ninety days of its receipt or is passed with amendment, the Bill, at the
request of the House in which it originated, shall be referred to a Mediation
Committee constituted under Article 71 for consideration and resolution thereon.
(3)
Where a Bill is referred to the Mediation Committee under clause (2) , the
Mediation Committee shall, within ninety days, formulate an agreed Bill which
is likely to be passed by both Houses of the Majlis-e-Shoora (Parliament) and
place the agreed Bill separately before each House, and if both the Houses pass
the Bill, it shall be presented to the President for assent.[65]
(4) In
this Article and the succeeding provisions of the Constitution, “Federal
Legislative List” and “Concurrent Legislative List” mean respectively the
Federal Legislative List and the Concurrent Legislative List in the Fourth
Schedule.
71.
Mediation Committee[66]
(1)
Both Houses of Majlis-e-Shoora (Parliament) shall, within fifteen days from the
date of referral of the Bill by the House in which it was originated for
consideration and resolution by the Mediation Committee under clause (2) of
Article 70, nominate eight members each as members of a Mediation Committee.
(2)
The House in which the Bill was originated shall nominate a member of the
Mediation Committee as Chairman of the Committee and the other House shall
nominate a member as the Vice-Chairman thereof.
(3)
All decisions of the Mediation Committee shall be made by a majority of the
total number of members of each House in the Committee.
(4)
The President may, in consultation with the Speaker of the National Assembly
and Chairman of the Senate, make rules for conduct of business of the Mediation
Committee.
72.
Procedure at joint sittings
(1)
The President, after consultation with the Speaker of the National Assembly and
the Chairman, may make rules as to the procedure with respect to the joint
sittings of, and communications between, the two Houses.
(2) At
a joint sitting, the Speaker of the National Assembly or, in his absence, such
person as may be determined by the rules made under clause (1), shall preside.
(3)
The rules made under clause (1) shall be laid before a joint sitting and may be
added to, varied, amended or replaced at a joint sitting.
(4)
Subject to the Constitution, all decisions at a joint sitting shall be taken by
the votes of the majority of the members present and voting.
73.
Procedure with respect to Money Bills
(1)
Notwithstanding anything contained in Article 70 a Money Bill shall originate
in the National Assembly:
Provided
that simultaneously when a Money Bill, including the Finance Bill containing
the Annual Budget Statement, is presented in the National Assembly, a copy
thereof shall be transmitted to the Senate which may, within seven days, make
recommendations thereon to the National Assembly.
(1A)
The National Assembly shall, consider the recommendations of the Senate and
after the Bill has been passed by the Assembly with or without incorporating
the recommendations of the Senate, it shall be presented to the President for
assent.[67]
(2)
For the purposes of this Chapter, a Bill or amendment shall be deemed to be a
Money Bill if it contains provisions dealing with all or any of the following
matters, namely:—
(a)
the imposition, abolition, remission, alteration or regulation of any tax;
(b)
the borrowing of money, or the giving of any guarantee, by the Federal
government, or the amendment of the law relating to the financial obligations
of that Government;
(c)
the custody of the Federal Consolidated Fund, the payment of moneys into, or the
issue of moneys from, that Fund;
(d)
the imposition of a charge upon the Federal Consolidated Fund, or the abolition
or alteration of any such charge;
(e)
the receipt of moneys on account of the Public Account of the Federation, the
custody or issue of such moneys;
(f)
the audit of the accounts of the Federal Government or a Provincial Government;
and
(g)
any matter incidental to any of the matters specified in the preceding
paragraphs.
(3) A
Bill shall not be deemed to be a Money Bill by reason only that it provides—
(a)
for the imposition or alteration of any fine or other pecuniary penalty, or for
the demand or payment of a licence fee or a fee or charge for any service
rendered; or
(b)
for the imposition, abolition, remission, alteration or regulation of any tax
by any local authority or body for local purposes.
(4) If
any question arises whether a Bill is a Money Bill or not, the decision of the
Speaker of the National Assembly thereon shall be final.
(5)
Every Money Bill presented to the President for assent shall bear a certificate
under the hand of the Speaker of the National Assembly that it is a Money Bill,
and such certificate shall be conclusive for all purposes and shall not be
called in question.
74.
Federal Government’s consent required for financial measures
A
Money Bill, or a bill or amendment which if enacted and brought into operation
would involve expenditure from the Federal Consolidated Fund or withdrawal from
the Public Account of the Federation or affect the coinage or currency of Pakistan
or the Constitution or functions of the State Bank of Pakistan shall not be
introduced or moved in Majlis-e-Shoora (Parliament) except by or with the
consent of the Federal Government.
75.
President’s assent to Bills[68]
(1)
When a Bill is presented to the President for assent, the President shall,
within thirty[69] days—
(a)
assent to the Bill; or
(b) in
the case of a Bill other than a Money Bill, return the Bill to the
Majlis-e-Shoora (Parliament) with a message requesting that the Bill, or any
specified provision thereof, be reconsidered and that any amendment specified
in the message be considered.
(2)
When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it
shall be reconsidered by the Majlis-e-Shoora (Parliament) and, if it is again
passed, with or without amendment, by the Majlis-e-Shoora (Parliament), in
accordance with Article 70, it shall be deemed for the purposes of the
Constitution to have been passed by both Houses and shall be presented to the
President and the President shall not withhold assent therefrom.[70]
(3)
When the President has assented to a Bill, it shall become law and be called an
Act of Majlis-e-Shoora (Parliament).
(4) No
Act of Majlis-e-Shoora (Parliament), and no provision in any such Act, shall be
invalid by reason only that some recommendation, previous sanction or consent
required by the Constitution was not given if that Act was assented to in
accordance with the Constitution.
76.
Bill not to lapse on prorogation, etc.
(1) A
Bill pending in either House shall not lapse by reason of the prorogation of
the House.
(2) A
Bill pending in the Senate which has not been passed by the National Assembly
shall not lapse on the dissolution of the National Assembly.
(3) A
Bill pending in the National Assembly, or a Bill which having been passed by
the National Assembly is pending in the Senate, shall lapse on the dissolution
of the National Assembly.
77.
Tax to be levied by law only
No tax
shall be levied for the purposes of the Federation except by or under the authority
of Act of Majlis-e-Shoora (Parliament).
Financial
Procedure
78.
Federal Consolidated Fund and Public Account
(1)
All revenues received by the Federal government, all loan raised by that
government, and all moneys received by it in repayment of any loan, shall form
part of a consolidated fund, to be known as the Federal Consolidated Fund.
(2)
All other moneys—
(a)
received by or on behalf of the Federal Government; or
(b)
received by or deposited with the Supreme Court or any other court established
under the authority of the Federation;
shall
be credited to the Public Account of the Federation.
79.
Custody, etc., of Federal Consolidated Fund and Public Account
The
custody of the Federal Consolidated Fund, the payment of moneys into that Fund,
the withdrawal of moneys therefrom, the custody of other moneys received by or
on behalf of the Federal Government, their payment into, and withdrawal from,
the Public Account of the Federation, and all matters connected with or
ancillary to the matters aforesaid shall be regulated by Act of Majlis-e-Shoora
(Parliament) or, until provision in that behalf is so made, by rules made by
the President.
80.
Annual Budget Statement
(1)
The Federal Government shall, in respect of every financial year, cause to be
laid before the National Assembly a statement of the estimated receipts and
expenditure of the Federal Government for that year, in this Part referred to
as the Annual Budget Statement.
(2)
The Annual Budget Statement shall show separately—
(a)
the sums required to meet expenditure described by the Constitution as
expenditure charged upon the Federal Consolidated Fund; and
(b)
the sums required to meet other expenditure proposed to be made from the
Federal Consolidated Fund;
and
shall distinguish expenditure on revenue account from other expenditure.
81.
Expenditure charged upon Federal Consolidated Fund
The
following expenditure shall be expenditure charged upon the Federal
Consolidated Fund:—
(a)
the remuneration payable to the President and other expenditure relating to his
office, and the remuneration payable to—
(i)
the Judges of the Supreme Court;
(ii)
the Chief Election Commissioner;
(iii)
the Chairman and the Deputy Chairman;
(iv)
the Speaker and the Deputy Speaker of the National Assembly;
(v)
the Auditor-General;
(b)
the administrative expenses, including the remuneration payable to officers and
servants, of the Supreme Court, the department of the Auditor General and the
Office of the Chief Election Commissioner and of the Election Commission and
the Secretariat of the Senate and the National Assembly;
(c)
all debt charges for which the Federal Government is liable, including
interest, sinking fund charges, the repayment or amortization of capital, and
other expenditure in connection with the raising of loans, and the service and
redemption of debt on the security of the Federal Consolidated Fund;
(d)
any sums required to satisfy any judgment, decree or award against Pakistan by
any court or tribunal; and
(e)
any other sums declared by the Constitution or by Act of Majlis-e-Shoora
(Parliament) to be so charged.
82.
Procedure relating to Annual Budget Statement
(1) So
much of the Annual Budget Statement as relates to expenditure charged upon the
Federal Consolidated Fund may be discussed in, but shall not be submitted to
the vote of, the National Assembly.
(2) So
much of the Annual Budget Statement as relates to other expenditure shall be
submitted to the National Assembly in the form of demands for grants, and the
Assembly shall have power to assent to, or to refuse to assent to, any demand,
or to assent to any demand subject to a reduction of the amount specified
therein:
Provided
that, for a period of ten years from the commencing day or the holding of the
second general election to the National Assembly, whichever occurs later, a
demand shall be deemed to have been assented to without any reduction of the
amount specified therein, unless, by the votes of a majority of the total
membership of the Assembly, it is refused or assented to subject to a reduction
of the amount specified therein.
(3) No
demand for a grant shall be made except on the recommendation of the Federal
Government.
83.
Authentication of schedule of authorized expenditure
(1)
The Prime Minister shall authenticate by his signature a schedule specifying—
(a)
the grants made or deemed to have been made by the National Assembly under
Article 82, and
(b)
the several sums required to meet the expenditure charged upon the Federal Consolidated
Fund but not exceeding, in the case of any sum, the sum shown in the statement
previously laid before the National Assembly.
(2)
The schedule so authenticated shall be laid before the National Assembly, but
shall not be open to discussion or vote thereon.
(3)
Subject to the Constitution, no expenditure form the Federal Consolidated Fund
shall be deemed to be duly authorised unless it is specified in the schedule so
authenticated and such schedule is laid before the National Assembly as
required by clause (2).
84.
Supplementary and excess grants
If in
respect of any financial year it is found—
(a)
that the amount authorized to be expended for a particular service for the
current financial year is insufficient, or that a need has arisen for expenditure
upon some new service not included in the Annual Budget Statement for that
year; or
(b)
that any money has been spent on any service during a financial year in excess
of the amount granted for that service for that year;
the
Federal Government shall have power to authorize expenditure from the Federal
Consolidated Fund, whether the expenditure is charged by the Constitution upon
that Fund or not, and shall cause to be laid before the National Assembly a
Supplementary Budget Statement or, as the case may be, an Excess Budget
Statement, setting out the amount of that expenditure, and the provisions of
Articles 80 to 83 shall apply to those statements as they apply to the Annual
Budget Statement.
85.
Votes on account
Notwithstanding
anything contained in the foregoing provisions relating to financial matters,
the National Assembly shall have power to make any grant in advance in respect
of the estimated expenditure for a part of any financial year, not exceeding
four months, pending completion of the procedure prescribed in Article 82 for
the voting of such grant and the authentication of the schedule of authorized
expenditure in accordance with the provisions of Article 83 in relation to the
expenditure.
86.
Power to authorize expenditure when Assembly stands dissolved
Notwithstanding
anything contained in the foregoing provisions relating to financial matters,
at any time when the National Assembly stands dissolved, the Federal Government
may authorize expenditure from the Federal Consolidated Fund in respect of the
estimated expenditure for a period not exceeding four months in any financial
year, pending completion of the procedure prescribed in Article 82 for the
voting of grants and the authentication of the schedule of authorized
expenditure in accordance with the provisions of Article 83 in relation to be
expenditure.
87.
Secretariats of Majlis-e-Shoora (Parliament)
(1)
Each House shall have a separate Secretariat:
Provided
that nothing in this clause shall be construed as preventing the creation of
posts common to both Houses.
(2)
Majlis-e-Shoora (Parliament) may by law regulate the recruitment and the
conditions of service of persons appointed to the secretarial staff of either
House.
(3)
Until provision is made by Majlis-e-Shoora (Parliament) under clause (2), the
Speaker or, as the case may be, the Chairman may, with the approval of the
President, make rules regulating the recruitment, and the conditions of
service, of persons appointed to the secretarial staff of the National Assembly
or the Senate.
88.
Finance Committees
(1)
The expenditure of the National Assembly and the Senate within authorised
appropriations shall be controlled by the National Assembly or, as the case may
be, the Senate acting on he advice of its Finance Committee.
(2)
The Finance Committee shall consist of the Speaker or, as the case may be, the
Chairman, the Minister of Finance and such other members as may be elected
thereto by the National Assembly or, as the case may be, the Senate.
(3)
The Finance Committee may make rules for regulating its procedure.
Ordinances
89.
Power of President to promulgate Ordinances
(1)
The President may, except when the National Assembly is in session, if
satisfied that circumstances exist which render it necessary to take immediate
action, make and promulgate an Ordinance as the circumstances may require.
(2) An
Ordinance promulgated under this Article shall have the same force and effect
as an Act of Majlis-e-Shoora (Parliament) and shall be subject to like
restrictions as the power of Majlis-e-Shoora (Parliament) to make law, but
every such ordinance—
(a)
shall be laid—
(i)
before the National Assembly if it contains provisions dealing with all or any
of the matters specified in clause (2) of Article 73, and shall stand repealed
at the expiration of four months from its promulgation or, if before the
expiration of that period a resolution disapproving it is passed by the
Assembly, upon the passing of that resolution;
(ii)
before both Houses if it does not contain provisions dealing with any of the
matters referred to in sub-paragraph (i), and shall stand repealed at the expiration
of four months from its promulgation or, if before the expiration of that
period a resolution disapproving it is passed by either House, upon the passing
of that resolution; and[71]
(b)
may be withdrawn at any time by the President.
(3)
Without prejudice to the provisions of clause (2), and Ordinance laid before
the National Assembly shall be deemed to be a Bill introduced in the National
Assembly.
CHAPTER
3
The
Federal Government
90.
Exercise of executive authority of the Federation[72]
(1)
The Executive authority of the Federation shall vest in the President and shall
be exercised by him, either directly or through officers subordinate to him, in
accordance with the Constitution.
(2)
Nothing contained in clause (1) shall—
(a) be
deemed to transfer to the President any functions conferred by any existing law
on the Government of any Province or other authority; or
(b)
prevent the Majlis-e-Shoora (Parliament) from conferring by law functions on
authorities other than the President.[73]
91.
The Cabinet
(1)
There shall be a Cabinet of Ministers, with the Prime Minister at its head, to
aid and advise the President in the exercise of his functions.
(2)
The President shall in his discretion appoint from amongst the members of the
National Assembly a Prime Minister who, in his opinion, is most likely to
command the confidence of the majority of the members of the National Assembly.
(2A)
Notwithstanding anything contained in clause (2), after the twentieth day of
March, one thousand nine hundred and ninety, the President shall invite the
member of the National Assembly to be the Prime Minister who commands the
confidence of the majority of the members of the National Assembly, as
ascertained in a session of the Assembly summoned for the purpose in accordance
with the provisions of the Constitution.[74]
(3)
The person appointed under clause (2), or, as the case may be, invited under
clause (2A)[75] shall, before entering upon the office, make before the
President oath in the form set out in the Third Schedule and shall within a
period of sixty days thereof obtain a vote of confidence from the National
Assembly.
(4)
The Cabinet, together with the Ministers of State, shall be collectively
responsible to the National Assembly.
(5)
The Prime Minister shall hold office during the pleasure of the President, but
the President shall not exercise his powers under this clause unless he is
satisfied that the Prime Minister does not command the confidence of the
majority of the members of the National Assembly, in which case he shall summon
the National Assembly and require the Prime Minister to obtain a vote of
confidence from the Assembly.[76]
(6)
The Prime Minister may, by writing under his hand addressed to the President,
resign his office.
(7) A
Minister who for any period of six consecutive months is not a member of the
National Assembly shall, at the expiration of that period, cease to be a
Minister and shall not before the dissolution of that Assembly be again
appointed a Minister unless he is elected a member of that Assembly:
Provided
that nothing contained in this clause shall apply to a Minister who is a member
of the Senate.
(8)
Nothing contained in this Article shall be construed as disqualifying the Prime
Minister or any other Minister or a Minister of State for continuing in office
during any period during which the National Assembly stands dissolved, or as
preventing the appointment of any person as Prime Minister or other Minister or
as Minister of State during any such period.
92.
Federal Ministers and Ministers of State
(1)
Subject to clauses (7) and (8) of Article 91, the President shall appoint
Federal Ministers and Ministers of State from amongst the members of
Majlis-e-Shoora (Parliament) on the advice of the Prime Minister:
Provided
that the number of Federal Ministers and Ministers of State who are members of
the Senate shall not at any time exceed one-fourth of the number of Federal
Ministers.
(2)
Before entering upon office, a Federal Minister or Minister of State shall make
before the President oath in the form set out in the Third Schedule.
(3) A
Federal Minister or Minister of State may, by writing under his hand addressed
to the President, resign his office or may be removed from office by the
President on the advice of the Prime Minister.
93.
Advisers
(1)
The President may, on the advice of the Prime Minister, appoint not more than
five Advisers, on such terms and conditions as he may determine.
(2)
The provisions of Article 57 shall also apply to an Adviser.
94.
Prime Minister continuing in office
The
President may ask the Prime Minister to continue to hold office until his
successor enters upon the office of Prime Minister.
95.
Vote of no-confidence against Prime Minister
(1) A
resolution for a vote of no-confidence moved by not less than twenty per centum
of the total membership of the National Assembly may be passed against the
Prime Minister by the National Assembly.
(2) A
resolution referred to in clause (1) shall not be voted upon before the
expiration of three days, or later than seven days, from the day on which such
resolution is moved in the National Assembly.
(3) A
resolution referred to in clause (1) shall not be moved in the National
Assembly while the National Assembly is considering demands for grants
submitted to it in the Annual Budget Statement.
(4) If
the resolution referred to in clause (1) is passed by a majority of the total
membership of the National Assembly, the Prime Minister shall cease to hold
office.
96.
Vote of no-confidence against Prime Minister
[Omitted][77]
97.
Extent of executive authority of Federation
Subject
to the Constitution, the executive authority of the Federation shall extend to
the matters with respect to which Majlis-e-Shoora (Parliament) has power to
make laws, including exercise of rights, authority and jurisdiction in and in
relation to areas outside Pakistan:
Provided
that the said authority shall not, save as expressly provided in the
Constitution or in any law made by Majlis-e-Shoora (Parliament), extent in any
Province to a matter with respect to which the Provincial Assembly has also
power to make laws.
98.
Conferring of functions on subordinate authorities
On the
recommendation of the Federal Government, Majlis-e-Shoora (Parliament) may by
law confer functions upon officers or authorities subordinate to the Federal
Government.
99.
Conduct of business of Federal Government[78]
(1)
All executive actions of the Federal Government shall be expressed to be taken
in the name of the President.
(2)
The President shall by rules specify the manner in which orders and other
instruments made and executed in his name shall be authenticated, and the
validity of any order or instrument so authenticated shall not be questioned in
any court on the ground that it was not made or executed by the President.
(3)
The President shall also make rules for the allocation and transaction of the
business of the Federal Government.
100.
Attorney General for Pakistan
(1)
The President shall appoint a person, being a person qualified to be appointed
a Judge of the Supreme Court, to be the Attorney-General for Pakistan.
(2)
The Attorney-General shall hold office during the pleasure of the President.
(3) It
shall be the duty of the Attorney-General to give advice to the Federal
Government upon such legal matters, and to perform such other duties of a legal
character, as may be referred or assigned to him by the Federal Government, and
in the performance of his duties he shall have the right of audience in all
courts and tribunals in Pakistan.
(4)
The Attorney-General may, by writing under his hand addressed to the President,
resign his office.
PART
IV
PROVINCES
CHAPTER
1
The
Governors
101.
Appointment of Governor
(1)
There shall be a Governor for each Province, who shall be appointed by the
President after consultation with the Prime Minister.[79]
(2) A
person shall not be appointed a Governor unless he is qualified to be elected
as a member of the National Assembly and is not less than thirty-five years of
age.
[(2A)
Omitted.][80]
(3)
The Governor shall hold office during the pleasure of the President and shall
be entitled to such salary, allowances and privileges as the President may
determine.[81]
(4)
The Governor may, by writing under his hand addressed to the President, resign
his office.
(5)
The President may make such provision as he thinks fit for the discharge of the
functions of a Governor in any contingency not provided for in this Part.[82]
102.
Oath of office
Before
entering upon office, the Governor shall make before the Chief Justice of the
High Court oath in the form set out in the Third Schedule.
103.
Conditions of Governor’s office
(1)
The Governor shall not hold any office of profit in the service of Pakistan or
occupy any other position carrying the right to remuneration for the rendering
of services.
(2)
The Governor shall not be a candidate for election as a member of
Majlis-e-Shoora (Parliament) or a Provincial Assembly and, if a member of
Majlis-e-Shoora (Parliament) or a Provincial Assembly is appointed as Governor,
his seat in Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial
Assembly shall become vacant on the day he enters upon his office.
104.
Acting Governor
When
the Governor is absent from Pakistan or is unable to perform the functions of
his office due to any cause, such other person as the President may direct
shall act as Governor.
105.
Governor to act on advice, etc.[83]
(1)
Subject to the Constitution, in the performance of his functions, the Governor
shall act in accordance with the advice of the Cabinet or the Chief Minister:
Provided
that the Governor may require the Cabinet or, as the case may be, the Chief
Minister to reconsider such advice, whether generally or otherwise, and the
Governor shall act in accordance with the advice tendered after such
reconsideration.
(2)
The question whether any, and if so what, advice was tendered to the Governor
by the Chief Minister or the Cabinet shall not be inquired into in, or by, any
court, tribunal or other authority.
(3)
Where the Governor dissolves the Provincial Assembly, he shall appoint, in his
discretion, but with the previous approval of the President, a care-taker
Cabinet.
(4)
The Powers conferred by this Article on the President shall be exercised by him
in his discretion.
(5)
The provisions of clause (2) of Article 48 shall have effect in relation to a
Governor as if reference therein to “President” were reference to “Governor”.
CHAPTER
2
Provincial
Assemblies
106.
Constitution of Provincial Assemblies
(1)
Each Provincial Assembly shall consist of general seats and seats reserved for
women and non-Muslims as specified herein below:[84]
General
seats Women Non-Muslims Total
Baluchistan
51 11 3 65
The
North-West Frontier Province 99 22 3 124
The
Punjab 297 66 8 371
Sind
130 29 9 168
(2) A
person shall be entitled to vote if—
(a) he
is a citizen of Pakistan;
(b) he
is not less than eighteen[85] years of age;
(c)
his name appears on the electoral role for any area in the Province; and
(d) he
is not declared by a competent court to be of unsound mind.[86]
(3)
For the purpose of election to a Provincial Assembly—
(a)
the constituencies for the general seats shall be single member territorial
constituencies and the members to fill such seats shall be elected by direct and
free vote;
(b)
each Province shall be a single constituency for all seats reserved for women
and non-Muslims allocated to the respective Provinces under clause (1);
(c)
the members to fill seats reserved for women and non-Muslims allocated to a
Province under clause (1) shall be elected in accordance with law through
proportional representation system of political parties’ lists of candidates on
the basis of the total number of general seats secured by each political party
in the Provincial Assembly:
Provided
that for the purpose of this sub-clause, the total number of general seats won
by a political party shall include the independent returned candidate or
candidates who may duly join such political party within three days of the
publication in the official Gazette of the names of the returned candidates.[87]
[(4)–(6)
Omitted.][88]
107.
Duration of Provincial Assembly
A
Provincial Assembly shall, unless sooner dissolved, continue for a term of five
years from the day of its first meeting and shall stand dissolved at the
expiration or its term.
108.
Speaker and Deputy Speaker
After
a general election, a Provincial Assembly shall, at its first meeting and to
the exclusion of any other business, elect from amongst its members a Speaker
and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker
becomes vacant, the Assembly shall elect another member as Speaker or, as the
case may be, Deputy Speaker.
109.
Summoning and prorogation of Provincial Assembly
The
Governor may from time to time—
(a)
summon the Provincial Assembly to meet at such time and place as he thinks fit;
and
(b)
prorogue the Provincial Assembly.
110.
Right of Governor to address Provincial Assembly
The
Governor may address the provincial Assembly and may for that purpose require
the attendance of the members.
111.
Right to speak in Provincial Assembly
The
Advocate-General shall have the right to speak and otherwise take part in the
proceedings of the Provincial Assembly or any committee thereof of which he may
be named a member, but shall not by virtue of this Article be entitled to vote.
112.
Dissolution of Provincial Assembly
(1)
The Governor shall dissolve the Provincial Assembly if so advised by the Chief
Minister; and the Provincial Assembly shall, unless sooner dissolved, stand
dissolved at the expiration of forty-eight hours after the Chief Minister has
so advised.
Explanation.—Reference
in this Article to “Chief Minister” shall not be construed to include reference
to a Chief Minister against whom a notice of a resolution for a vote of
no-confidence has been given in the Provincial Assembly but has not been voted
upon or against whom a resolution for a vote of no-confidence has been passed
or who is continuing in office by virtue of clause (2) of Article 134 or a
Provincial Minister performing the functions of Chief Minister under clause (1)
or clause (3) of Article 135.[89]
(2)
The Governor may also dissolve the Provincial Assembly in his discretion, but
subject to the previous approval of the President, where, in his opinion—[90]
(a) a
vote of no-confidence having been passed against the Chief Minister, no other
member of the provincial Assembly is likely to command the confidence of the
majority of the members of the Provincial Assembly in accordance with the
provisions of the Constitution, as ascertained in a session of the Provincial
Assembly summoned for the purpose; or
(b) a
situation has arisen in which the Government of the Province cannot be carried
on in accordance with the provisions of the Constitution and an appeal to the
electorate is necessary.[91]
(3)
The Governor in case of dissolution of the Provisional Assembly under paragraph
(b) of clause (2) shall, within fifteen days of the dissolution, refer the
matter to the Supreme Court with the previous approval of the President and the
Supreme Court shall decide the reference within thirty days whose decision
shall be final.[92]
113.
Qualifications and disqualifications for membership of Provincial Assembly[93]
The
qualifications and disqualifications for membership of the National Assembly
set out in Articles 62 and 63 shall also apply for membership of a Provincial Assembly
as if reference therein to “National Assembly” were a reference to “Provincial
Assembly”.
114.
Restriction on discussion in Provincial Assembly
No
discussion shall take place in a Provincial Assembly with respect to the
conduct of any Judge of the Supreme Court or of a High Court in the discharge
of his duties.
115.
Provincial Government’s consent required for financial measures
(1) A
Money Bill, or a Bill or amendment which if enacted and brought into operation
would involve expenditure from the Provincial Consolidated Fund or withdrawal
from the Public Account of the Province shall not be introduced or moved in the
Provincial Assembly except by or with the consent of the Provincial Government.
(2)
For the purposes of this Article, a Bill or amendment shall be deemed to be a
Money Bill if it contains provisions dealing with all or any of the following
matters, namely:
(a)
the imposition, abolition, remission, alteration or regulation of any tax;
(b)
the borrowing of money, or the giving of any guarantee, by the Provincial
Government or the amendment of the law relating to the financial obligations of
that Government;
(c)
the custody of the Provincial Consolidated Fund, the payment of moneys into, or
issue of moneys from, that Fund;
(d)
the imposition of a charge upon the Provincial Consolidated Fund, or the
abolition or alteration of any such charge;
(e)
the receipt of moneys on account of the Public Account of the Province, the
custody or issue of such moneys; and
(f)
any matter incidental to any of the matters specified in the preceding
paragraphs.
(3) A
Bill shall not be deemed to be a Money Bill by reason only that it provides—
(a)
for the imposition or alteration of any fine or other pecuniary penalty or for
the demand or payment of a licence fee or a fee or charge for any service
rendered; or
(b)
for the imposition, abolition, remission, alteration or regulation of any tax
by any local authority or body for local purposes.
(4) If
any question arises whether a Bill is a Money Bill or not, the decision of the
Speaker of the Provincial Assembly thereon shall be final.
(5)
Every Money Bill presented to the Governor for assent shall bear a certificate
under the hand of the Speaker of the Provincial Assembly that it is a Money
Bill and such certificate shall be conclusive for all purposes and shall not be
called in question.
116.
Governor’s assent to Bills[94]
(1)
When a Bill has been passed by the Provincial Assembly, it shall be presented
to the Governor for assent.
(2)
When a Bill is presented to the Governor for assent, the Governor shall, within
thirty[95] days,—
(a)
assent to the Bill; or
(b) in
the case of a Bill other than a Money Bill, return the Bill to the Provincial
Assembly with a message requesting that the Bill, or any specified provision thereof,
be reconsidered and that any amendment specified in the message be considered.
(3)
When the Governor has returned a Bill to the Provincial Assembly, it shall be
reconsidered by the Provincial Assembly and, if it is again passed, with or
without amendment, by the Provincial Assembly, by the votes of the majority of
the members of the Provincial Assembly present and voting, it shall be again
presented to the Governor and the Governor shall not withhold assent
therefrom.[96]
(4)
When the Governor has assented to a Bill, it shall become law and be called an
Act of Provincial Assembly.
(5) No
Act of a Provincial Assembly, and no provision in any such Act, shall be
invalid by reason only that some recommendation, previous sanction or consent
required by the Constitution was not given if that Act was assented to in
accordance with the Constitution.
117.
Bill not to lapse on prorogation, etc.
(1) A
Bill pending in a Provincial Assembly shall not lapse by reason of the
prorogation of the Assembly.
(2) A
Bill pending in a Provincial Assembly shall lapse on the dissolution of the
Assembly.
Financial
Procedure
118.
Provincial Consolidated Fund and Public Account
(1)
All revenues received by the Provincial Government, all loans raised by that
Government, and all moneys received by it in repayment of any loan, shall form
part of a consolidated fund, to be known as the Provincial Consolidated Fund.
(2)
All other moneys—
(a)
received by or on behalf of the Provincial Government; or
(b)
received by or deposited with the High Court or any other court established
under the authority of the Province;
shall
be credited to the Public Account of the Province.
119.
Custody, etc., of Provincial Consolidated Fund and Public Account
The
custody of the Provincial Consolidated Fund, the payment of moneys into that
Fund, the withdrawal of moneys therefrom, the custody of other moneys received
by or on behalf of the Provincial Government, their payment into, and
withdrawal from, the Public Account of the Province, and all matters connected
with or ancillary to the matters aforesaid, shall be regulated by Act of the
provincial Assembly or, until provision in that behalf is so made, by rules
made by the Governor.
120.
Annual Budget Statement
(1)
The Provincial Government shall, in respect of every financial year, cause to
be laid before the Provincial Assembly a statement of the estimated receipts
and expenditure of the Provincial Government for that year, in this Chapter
referred to as the Annual Budget Statement.
(2)
The Annual Budget Statement shall show separately—
(a)
the sums required to meet expenditure described by the Constitution as
expenditure charged upon the Provincial Consolidated Fund; and
(b)
the sums required to meet other expenditure proposed to be made from the
Provincial Consolidated Fund;
and
shall distinguish expenditure on revenue account from other expenditure.
121.
Expenditure charged upon Provincial Consolidated Fund
The
following expenditure shall be expenditure charged upon the Provincial Consolidated
Fund:—
(a)
the remuneration payable to the Governor and other expenditure relating to his
office, and the remuneration payable to—
(i)
the Judges of the High Court; and
(ii)
the Speaker and Deputy Speaker of the Provincial Assembly;
(b)
the administrative expenses, including the remuneration payable to officers and
servants, of the High Court and the Secretariat of the Provincial Assembly;
(c)
all debt charges for which the Provincial Government is liable, including
interest, sinking fund charges, the repayment or amortisation of capital, and
other expenditure in connection with the raising of loans, and the service and
redemption of debt on the security of the Provincial Consolidated Fund;
(d)
any sums required to satisfy any judgment, decree or award against the Province
by any court or tribunal; and
(e)
any other sums declared by the Constitution or by Act of the Provincial
Assembly to be so charged.
122.
Procedure relating to Annual Budget Statement
(1) So
much of the Annual Budget Statement as relates to expenditure charged upon the
Provincial Consolidated Fund may be discussed in, but shall not be submitted to
the vote of, the Provincial Assembly.
(2) So
much of the Annual Budget Statement as relates to other expenditure shall be
submitted to the Provincial Assembly in the form of demands for grants, and
that Assembly shall have power to assent to, or to refuse to assent to, any
demand, or to assent to any demand subject to a reduction of the amount
specified therein:
Provided
that, for a period of ten years from the commencing day or the holding of the
second general election to the Provincial Assembly, whichever occurs later, a
demand shall be deemed to have been assented to unless, by the votes of a
majority of the total membership of the Assembly, it is refused or assented to
subject to a reduction of the amount specified therein.
(3) No
demand for a grant shall be made except on the recommendation of the Provincial
Government.
123.
Authentication of schedule of authorized expenditure
(1) The
Chief Minister shall authenticate by his signature a schedule specifying—
(a)
the grants made or deemed to have been made by the Provincial Assembly under
Article 122, and
(b)
the several sums required to meet the expenditure charged upon the Provincial Consolidated
Fund but not exceeding, in the case of any sum, the sum shown in the statement
previously laid before the Assembly.
(2)
The schedule so authenticated shall be laid before the Provincial Assembly, but
shall not be open to discussion or vote thereon.
(3)
Subject to the Constitution, no expenditure from the Provincial Consolidated
Fund shall be deemed to be duly authorized unless it is specified in the
schedule so authenticated and such schedule is laid before the Provincial
Assembly as required by clause (2).
124.
Supplementary and excess grant
If in
respect of any financial year it is found—
(a)
that the amount authorized to be expended for a particular service for the
current financial year is insufficient, or that a need has arisen for expenditure
upon some new service not included in the Annual Budget Statement for that
year; or
(b)
that any money has been spent on any service during a financial year in excess
of the amount granted for that service for that year;
the
Provincial Government shall have power to authorize expenditure from the
Provincial Consolidated Fund, whether the expenditure is charged by the
Constitution upon that Fund or not, and shall cause to be laid before the
Provincial Assembly a Supplementary Budget Statement or, as the case may be, an
Excess Budget Statement, setting out the amount of that expenditure, and the
provisions of Articles 120 to 123 shall apply to those statements as they apply
to the Annual Budget Statement.
125.
Votes on account
Notwithstanding
anything contained in the foregoing provisions relating to financial matters,
the Provincial Assembly shall have power to make any grant in advance in
respect of the estimated expenditure for a part of any financial year, not
exceeding three months, pending completion of the procedure prescribed in
Article 122 for the voting of such grant and the authentication of the schedule
of expenditure in accordance with the provisions of Article 123 in relation to
the expenditure.
126.
Power to authorize expenditure when Assembly stands dissolved
Notwithstanding
anything contained in the foregoing provisions relating to financial matters,
at any time when the Provincial Assembly stands dissolved, the Provincial
Government may authorize expenditure from the Provincial Consolidated Fund in
respect of the estimated expenditure for a period not exceeding four months in
any financial year, pending completion of the procedure prescribed in Article
122 for the voting of grants and the authentication of the schedule of
authorized expenditure in accordance with the provisions of Article 123 in
relation to the expenditure.
127.
Provisions relating to National Assembly, etc., to apply to Provincial
Assembly, etc.
Subject
to the Constitution, the provisions of clauses (2) to (8) of Article 53, clauses
(2) and (3) of Article 54, Article 55, Articles 63 to 67, Article 69, Article
77, Article 87 and Article 88 shall apply to and in relation to a Provincial
Assembly or a committee or members thereof or the Provincial Government, but so
that—
(a)
any reference in those provisions to Majlis-e-Shoora (Parliament), a House or
the National Assembly shall be read as a reference to the Provincial Assembly;
(b)
any reference in those provisions to the President shall be read as a reference
to the Governor of the Province;
(c)
any reference in those provisions to the Federal Government shall be read as a
reference to the Provincial Government;
(d)
any reference in those provisions to the Prime Minister shall be read as a
reference to the Chief Minister;
(e) any
reference in those provisions to a Federal Minister shall be read as a
reference to a Provincial Minister;
(f)
any reference in those provisions to the National Assembly of Pakistan shall be
read as a reference to the Provincial Assembly in existence immediately before
the commencing day; and
(g)
the said clause (2) Article 54 shall have effect as if, in the proviso thereto,
for the words “one hundred and thirty” the word “seventy” were substituted.[97]
Ordinances
128.
Power of Governor to promulgate Ordinances
(1)
The Governor may, except when the Provincial Assembly is in session, if
satisfied that circumstances exist which render it necessary to take immediate
action, make and promulgate an Ordinance as the circumstances may require.
(2) An
Ordinance promulgated under this Article shall have the same force and effect
as an Act of the Provincial Assembly and shall be subject to like restrictions
as the power of the Provincial Assembly to make laws, but every such Ordinance—
(a)
shall be laid before the Provincial Assembly and shall stand repealed at the
expiration of three months from its promulgation or, if before the expiration
of that period a resolution disapproving it is passed by the Assembly, upon the
passing of that resolution; and
(b)
may be withdrawn at any time by the Governor.
(3)
Without prejudice to the provisions of clause (2), an Ordinance laid before the
Provincial Assembly shall be deemed to be a Bill introduced in the Provincial
Assembly.
CHAPTER
3
The
Provincial Governments
129.
Exercise of executive authority of the Province[98]
The
executive authority of the Province shall vest in the Governor and shall be
exercised by him, either directly or through officers subordinate to him, in
accordance with the Constitution.
130.
The Cabinet[99]
(1)
There shall be a Cabinet of Ministers, with the Chief Minister at its head, to
aid and advise the Governor in the exercise of his functions.
(2)
The Governor shall appoint from amongst the members of the Provincial Assembly
a Chief Minister who, in his opinion, is likely to command the confidence of
the majority of the members of the Provincial Assembly.
(2A)
Notwithstanding anything contained in clause (2), after the twentieth day of
March, one thousand nine hundred and eighty-eight, the Governor shall invite
the member of the Provincial Assembly to be the Chief Minister who commands the
confidence of the Majority of the members of the Provincial Assembly, as
ascertained in a session of the Assembly summoned for the purpose in accordance
with the provisions of the Constitution:
Provided
that nothing contained in this clause shall apply to a Chief Minister holding
office on the twentieth day of March, one thousand nine hundred and
eighty-eight, in accordance with the provisions of the Constitution.
(3)
The person appointed under clause (2) or, as the case may be, invited under
clause (2A) shall, before entering upon the office, make before the Governor
oath in the form set out in the Third Schedule and shall within a period of
sixty days thereof obtain a vote of confidence from the Provincial Assembly.
(4)
The Cabinet shall be collectively responsible to the Provincial Assembly.
(5)
The Chief Minister shall hold office during the pleasure of the Governor, but
the Governor shall not exercise his powers under this clause unless he is
satisfied that the Chief Minister does not command the confidence of the
majority of the members of the Provincial Assembly, in which case he shall
summon the Provincial Assembly and require the Chief Minister to obtain a vote
of confidence from the Assembly.[100]
(6)
The Chief Minister may, by writing under his hand addressed to the Governor,
resign his office.
(7) A
Minister who for any period of six consecutive months is not a member of the
Provincial Assembly shall, at the expiration of that period, cease to be a
Minister, and shall not before the dissolution of that Assembly be again
appointed a Minister unless he is elected a member of that Assembly.
(8)
Nothing contained in this Article shall be construed as disqualifying the Chief
Minister or any other Minister for continuing in office during any period
during which the Provincial Assembly stands dissolved, or as preventing the
appointment of any person as Chief Minister or other Minister during any such
period.
131.
Duties of Chief Minister in relation to Governor[101]
It
shall be the duty of the Chief Minister—
(a) to
communicate to the Governor all decisions of the Cabinet relating to the
administration of the affairs of the Province and proposals for legislation;
(b) to
furnish such information relating to the administration of the affairs of the
Province and proposals for legislation as the Governor may call for; and
(c) if
the Governor so requires, to submit for consideration of the Cabinet any matter
on which a decision has been taken by the Chief Minister or a Minister but
which has not been considered by the Cabinet.
132.
Provincial Ministers
(1)
Subject to clauses (7) and (8) of Article 130, the Governor shall appoint
Provincial Ministers from amongst members of the Provincial Assembly on the
advice of the Chief Minister.
(2)
Before entering upon office, a Provincial Minister shall make before the
Governor oath in the form set out in the Third Schedule.
(3) A
Provincial Minister may, by writing under his hand addressed to the Governor,
resign his office or may be removed from office by the Governor on the advice
of the Chief Minister.
133.
Chief Minister continuing in office[102]
The
Governor may ask the Chief Minister to continue to hold office until his successor
enters upon the office of Chief Minister
134.
Resignation by Chief Minister[103]
[Omitted]
135.
Provincial Minister performing functions of Chief Minister[104]
[Omitted]
136.
Vote of no-confidence against Chief Minister[105]
(1) A
resolution for a vote of no-confidence moved by not less than twenty per centum
of the total membership of the Provincial Assembly may be passed against the
Chief Minister by the Provincial Assembly.
(2) A
resolution referred to in clause (1) shall not be voted upon before the
expiration of three days, or later than seven days, from the day on which such
resolution is moved in the Provincial Assembly.
(3) If
the resolution referred to in clause (1) is passed by a majority of the total
membership of the Provincial Assembly, the Chief Minister shall cease to hold
office.
137.
Extent of executive authority of Province
Subject
to the Constitution, the executive authority of the Province shall extend to
the matters with respect to which the Provincial Assembly has power to make
laws:
Provided
that, in any matter with respect to which both Majlis-e-Shoora (Parliament) and
the Provincial Assembly of a Province have power to make laws, the executive
authority of the Province shall be subject to, and limited by, the executive
authority expressly conferred by the Constitution or by law made by
Majlis-e-Shoora (Parliament) upon the Federal Government or authorities thereof.
138.
Conferring of functions on subordinate authorities
On the
recommendation of the Provincial Government, the Provincial Assembly may by law
confer functions upon officers or authorities subordinate to the Provincial
Government.
139.
Conduct of business of Provincial Government[106]
(1)
All executive actions of the Provincial Government shall be expressed to be
taken in the name of the Governor.
(2)
The Governor shall by rules specify the manner in which orders and other
instruments made and executed in his name shall be authenticated, and the validity
of any order or instrument so authenticated shall not be questioned in any
court on the ground that it was not made or executed by the Governor.
(3)
The Governor shall also make rules for the allocation and transaction of the
business of the Provincial Government.
140.
Advocate-General for a Province
(1)
The Governor of each Province shall appoint a person, being a person qualified
to be appointed a Judge of the High Court, to be the Advocate-General for the
Province.
(2) It
shall be the duty of the Advocate-General to give advice to the Provincial
Government upon such legal matters, and to perform such other duties of a legal
character, as may be referred or assigned to him by the Provincial Government.
(3)
The Advocate-General shall hold office during the pleasure of the Governor.
(4)
The Advocate-General may, be writing under his hand addressed to the Governor,
resign his office.
140A.
Local Government[107]
Each
Province shall, by law, establish a local government system and devolve
political, administrative and financial responsibility and authority to the
elected representatives of the local governments.
PART V
RELATIONS
BETWEEN FEDERATION AND PROVINCES
CHAPTER
1
Distribution
of Legislative Powers
141.
Extent of Federal and Provincial Law
Subject
to the Constitution, Majlis-e-Shoora (Parliament) may make laws (including laws
having extra-territorial operation) for the whole or any part of Pakistan, and
a Provincial Assembly may make laws for the Province or any part thereof.
142.
Subject-matter of Federal and Provincial laws
Subject
to the Constitution—
(a)
Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with
respect to any matter in the Federal Legislative List;
(b)
Majlis-e-Shoora (Parliament), and a Provincial Assembly also, shall have power
to make laws with respect to any matter in the Concurrent Legislative List;
(c) a
Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have
power to make laws with respect to any matter not enumerated in either the
Federal Legislative List or the Concurrent Legislative List; and
(d)
Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with
respect to matters not enumerated in either of the Lists for such areas in the
Federation as are not included in any Province.
143.
Inconsistency between Federal and Provincial laws
If any
provision of an Act of a Provincial Assembly is repugnant to any provision of
an Act of Majlis-e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) is
competent to enact, or to any provision of any existing law with respect to any
of the matters enumerated in the Concurrent Legislative List, then the Act of
Majlis-e-Shoora (Parliament), whether passed before or after the Act of the
Provincial Assembly, or, as the case may be, the existing law, shall prevail
and the Act of the Provincial Assembly shall, to the extent of the repugnancy,
be void.
144.
Power of Majlis-e-Shoora (Parliament) to legislate for two or more Provinces by
consent
(1) If
two or more Provincial Assemblies pass resolutions to the effect that
Majlis-e-Shoora (Parliament) may by law regulate any matter not enumerated in
either List in the Fourth Schedule, it shall be lawful for Majlis-e-Shoora
(Parliament) to pass an Act for regulating that matter accordingly, but any act
so passed may, as respects any Province to which it applies, be amended or
repealed by Act of the Assembly of that Province.
[(2)
Omitted.][108]
CHAPTER
2
Administrative
Relations Between Federation and Provinces
145.
Power of President to direct Governor to discharge certain functions as his
Agent
(1)
The President may direct the Governor of any Province to discharge as his
Agent, either generally or in any particular matter, such functions relating to
such areas in the Federation which are not included in any Province as may be
specified in the direction.
(2)
The provisions of Article 105 shall not apply to the discharge by the Governor
of his functions under clause (1).
146.
Power of Federation to confer powers, etc., on Provinces, in certain cases
(1)
Notwithstanding anything contained, in the Constitution, the Federal Government
may, with the consent of the Government of a Province, entrust either
conditionally or unconditionally to that Government, or to its officers,
functions in relation to any matter to which the executive authority of the
Federation extends.
(2) An
Act of Majlis-e-Shoora (Parliament) may, notwithstanding that it relates to a
matter with respect to which a Provincial Assembly has no power to make laws,
confer powers and impose duties upon a Province or officers and authorities
thereof.
(3)
Where by virtue of this Article powers and duties have been conferred or
imposed upon a Province or officers or authorities thereof, there shall be paid
by the Federation to the Province such sum as may be agreed or, in default of
agreement, as may be determined by an arbitrator appointed by the Chief Justice
of Pakistan, in respect of any extra costs of administration incurred by the
Province in connection with the exercise of those powers or the discharge of
those duties.
147.
Power of the Provinces to entrust functions to the Federation
Notwithstanding
anything contained in the Constitution, the Government of a Province may, with
the consent of the Federal Government, entrust, either conditionally or
unconditionally, to the Federal Government, or to its officers, functions in
relation to any matter to which the executive authority of the Province extends.
148.
Obligation of Provinces and Federation
(1)
The executive authority of every Province shall be so exercised as to secure
compliance with Federal laws which apply in that Province.
(2)
Without prejudice to any other provision of this Chapter, in the exercise of
the executive authority of the Federation in any Province regard shall be had
to the interests of that Province.
(3) It
shall be the duty of the Federation to protect every province against external
aggression and internal disturbances and to ensure that the Government of every
Province is carried on in accordance with the provisions of the Constitution.
149.
Directions to Provinces in certain cases
(1)
The executive authority of every Province shall be so exercised as not to
impede or prejudice the exercise of the executive authority of the Federation,
and the executive authority of the Federation shall extend to the giving of
such directions to a Province as may appear to the Federal Government to be
necessary for that purpose.
(2)
The executive authority of the Federation shall also extend to the giving of
directions to a Province as to the carrying into execution therein of any
Federal law which relates to a matter specified in the Concurrent Legislative
List and authorizes the giving of such directions.
(3)
The executive authority of the Federation shall also extend to the giving of
directions to a Province as to the construction and maintenance of means of
communication declared in the direction to be of national or strategic
importance.
(4)
The executive authority of the Federation shall also extend to the giving of
directions to a province as to the manner in which the executive authority
thereof is to be exercised for the purpose of preventing any grave menace to
the peace or tranquility or economic life of Pakistan or any part thereof.
150.
Full faith and credit for public acts, etc.
Full
faith and credit shall be given throughout Pakistan to public acts and records,
and judicial proceedings of every Province.
151.
Inter-Provincial trade
(1)
Subject to clause (2), trade, commerce and intercourse throughout Pakistan
shall be free.
(2)
Majlis-e-Shoora (Parliament) may by law impose such restrictions on the freedom
of trade, commerce or intercourse between one Province and another or within
any part of Pakistan as may be required in the public interest.
(3) A
Provincial Assembly or a Provincial Government shall not have power to—
(a)
make any law, or take any executive action, prohibiting or restricting the
entry into, or the export from, the Province of goods of any class or
description, or
(b)
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 area in Pakistan and similar goods manufactured or produced in any other
area in Pakistan.
(4) An
Act of a Provincial Assembly 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 any essential commodity shall not, if it
was made with the consent of the President, be invalid.
152.
Acquisition of land for Federal purposes
The
Federation may, if it deems necessary to acquire any land situate in a Province
for any purpose connected with a matter with respect to which Majlis-e-Shoora
(Parliament) has power to make laws, require the Province to acquire the land
on behalf, and at the expense, of the Federation or, if the land belongs to the
Province, to transfer it to the Federation on such terms as may be agreed or,
in default of agreement, as may be determined by an arbitrator appointed by the
Chief Justice of Pakistan.
CHAPTER
3
Special
Provisions
152A.
National Security Council[109]
[Omitted]
153.
Council of Common Interests
(1)
There shall be a Council of Common Interests, in this Chapter referred to as
the Council, to be appointed by the President.
(2)
The members of the Council shall be—
(a)
the Chief Ministers of the Provinces, and
(b) an
equal number of members from the Federal Government to be nominated by the
Prime Minister from time to time.
(3)
The Prime Minister, if he is a member of the Council, shall be the Chairman of
the Council but, if at any time he is not a member, the President may nominate
a Federal Minister who is a member of the Council to be its Chairman.
(4)
The Council shall be responsible to Majlis-e-Shoora (Parliament).
154.
Functions and rules of procedure
(1)
The Council shall formulate and regulate policies in relation to matters in
Part II of the Federal Legislative List and, in so far as it is in relation to
the affairs of the Federation, the matter in entry 34 (electricity) in the
Concurrent Legislative List, and shall exercise supervision and control over
related institutions.
(2)
The decisions of the Council shall be expressed in terms of the opinion of the
majority.
(3)
Until Majlis-e-Shoora (Parliament) makes provision by law in this behalf, the
Council may make its rules of procedure.
(4)
Majlis-e-Shoora (Parliament) in joint sitting may from time to time by
resolution issue directions through the Federal Government to the Council
generally or in a particular matter to take action as Majlis-e-Shoora
(Parliament) may deem just and proper and such directions shall be binding on
the Council.
(5) If
the Federal Government or a Provincial Government is dissatisfied with a decision
of the Council, it may refer the matter to Majlis-e-Shoora (Parliament) in a
joint sitting whose decision in this behalf shall be final.
155.
Complaints as to interference with water supplies
(1) If
the interests of a Province, the Federal Capital or the Federally Administered
Tribal Areas, or any of the inhabitants thereof, in water from any natural
source of supply have been or are likely to be affected prejudicially by—
(a)
any executive act or legislation taken or passed or proposed to be taken or
passed, or
(b)
the failure of any authority to exercise any of its powers with respect to the
use and distribution or control of water from that source,
the
Federal Government or the Provincial Government concerned may make a complaint
in writing to the Council.
(2)
Upon receiving such complaint, the Council shall, after having considered the
matter, either give its decision or request the President to appoint a
commission consisting of such persons having special knowledge and experience
in irrigation, engineering, administration, finance or law as he may think fit,
hereinafter referred to as the Commission.
(3)
Until Majlis-e-Shoora (Parliament) makes provision by law in this behalf, the
provisions of the Pakistan Commissions of Inquiry Act, 1956, as in force
immediately before the commencing day shall apply to the Council or the
Commission as if the Council or the Commission were a commission appointed
under that Act to which all the provisions of sections 5 thereof applied and
upon which the powers contemplated by section 10A thereof had been conferred.
(4)
After considering the report and supplementary report, if any, of the
Commission, the Council shall record its decision on all matters referred to
the Commission.
(5)
Notwithstanding any law to the contrary, but subject to the provisions of
clause (5) of Article 154, it shall be the duty of the Federal Government and
the Provincial Government concerned in the matter in issue to give effect to
the decision of the Council faithfully according to its terms and tenor.
(6) No
proceeding shall lie before any court at the instance of any party to a matter
which is or has been in issue before the Council, or of any person whatsoever,
in respect of a matter which is actually or has been or might or ought to have
been a proper subject of complaint to the Council under this Article.
156.
National Economic Council
(1)
The President shall constitute a National Economic Council consisting of the
Prime Minister, who shall be its Chairman, and such other members as the
President may determine:
Provided
that the President shall nominate one member from each Province on the
recommendation of the Government of that Province.
(2)
The National Economic Council shall review the overall economic condition of
the country and shall, for advising the Federal Government and the Provincial
Governments, formulate plans in respect of financial, commercial, social and
economic policies; and in formulating such plans, it shall be guided by the
Principles of Policy set out in Chapter 2 of Part II.
157.
Electricity
(1)
The Federal Government may in any Province construct or cause to be constructed
hydro-electric or thermal power installations or grid stations for the
generation of electricity and lay or cause to be laid inter-Provincial transmission
lines.
(2)
The Government of a Province may—
(a) to
the extent electricity is supplied to that Province from the national grid,
require supply to be made in bulk for transmission and distribution within the
Province;
(b)
levy tax on consumption of electricity within the Province;
(c)
construct power houses and grid stations and lay transmission lines for use
within the Province; and
(d)
determine the tariff for distribution of electricity within the Province.
158.
Priority of requirements of natural gas
The
Province in which a well-head of natural gas is situated shall have precedence
over other parts of Pakistan in meeting the requirements from that well-head,
subject to the commitments and obligations as on the commencing day.
159.
Broadcasting and telecasting
(1)
The Federal Government shall not unreasonably refuse to entrust to a Provincial
Government such functions with respect to broadcasting and telecasting as may
be necessary to enable that Government—
(a) to
construct and use transmitters in the Province; and
(b) to
regulate, and impose fees in respect of, the construction and use of
transmitters and the use of receiving apparatus in the Province:
Provided
that nothing in this clause shall be construed as requiring the Federal
Government to entrust to any Provincial Government any control over the use of
transmitters constructed or maintained by the Federal Government or by persons
authorised by the Federal Government, or over the use of receiving apparatus by
person so authorised.
(2)
Any functions so entrusted to a Provincial Government shall be exercised
subject to such conditions as may be imposed by the Federal Government,
including, notwithstanding anything contained in the Constitution, any
conditions with respect to finance, but it shall not be lawful for the Federal
Government so to impose any conditions regulating the matter broadcast or
telecast by, or by authority of, the Provincial Government.
(3)
Any Federal law with respect to broadcasting and telecasting shall be such as
to secure that effect can be given to the foregoing provisions of this Article.
(4) If
any question arises whether any conditions imposed on any Provincial Government
are lawfully imposed, or whether any refusal by the Federal Government to
entrust functions is unreasonable, the question shall be determined by an
arbitrator appointed by the Chief Justice of Pakistan.
(5)
Nothing in this Article shall be construed as restricting the powers of the
Federal Government under the Constitution for the prevention of any grave
menace to the peace or tranquility of Pakistan or any part thereof.
PART
VI
FINANCE,
PROPERTY, CONTRACTS AND SUITS
CHAPTER
1
Finance
Distribution
of Revenues between the Federation and the Provinces
160.
National Finance Commission
(1)
Within six months of the commencing day and thereafter at intervals not
exceeding five years, the President shall constitute a National Finance
Commission consisting of the Minister of Finance of the Federal Government, the
Ministers of Finance of the Provincial Governments, and such other persons as
may be appointed by the President after consultation with the Governors of the
Provinces.
(2) It
shall be the duty of the National Finance Commission to make recommendations to
the President as to—
(a)
the distribution between the Federation and the Provinces of the net proceeds
of the taxes mentioned in clause (3);
(b)
the making of grants-in-aid by the Federal Government to the Provincial
Governments;
(c)
the exercise by the Federal Government and the Provincial Governments of the
borrowing powers conferred by the Constitution; and
(d)
any other matter relating to finance referred to the Commission by the
President.
(3)
The taxes referred to in paragraph (a) of clause (2) are the following taxes
raised under the authority of Majlis-e-Shoora (Parliament), namely:—
(i)
taxes on income, including corporation tax, but not including taxes on income
consisting of remuneration paid out of the Federal Consolidated Fund;
(ii)
taxes on the sales and purchases of goods imported, exported, produced,
manufactured or consumed;[110]
(iii)
export duties on cotton, and such other export duties as may be specified by
the President;
(iv)
such duties of excise as may be specified by the President; and
(v)
such other taxes as may be specified by the President.
(4) As
soon as may be after receiving the recommendations of the National Finance
Commission, the President shall, by Order, specify, in accordance with the
recommendations of the Commission under paragraph (a) of clause (2), the share
of the net proceeds of the taxes mentioned in clause (3) which is to be
allocated to each Provinces, and that share shall be paid to the Government of
the Province concerned, and, notwithstanding the provision of Article 78 shall
not form part of the Federal Consolidated Fund.
(5)
The recommendations of the National Finance Commission, together with an
explanatory memorandum as to the action taken thereon, shall be laid before
both Houses and the Provincial Assemblies.
(6) At
any time before an Order under clause (4) is made, the President may, by Order,
make such amendments or modifications in the law relating to the distribution
of revenues between the Federal Government and the Provincial Governments as he
may deem necessary or expedient.
(7) The
President may, by Order, make grants-in-aid of the revenues of the Provinces in
need of assistance and such grants shall be charged upon the Federal
Consolidated Fund.
161.
Natural gas and hydro-electric power
(1)
Notwithstanding the provisions of Article 78 the net proceeds of the Federal
duty of excise on natural gas levied at well-head and collected by the Federal
Government, and of the royalty collected by the Federal Government, shall not
form part of the Federal Consolidated Fund and shall be paid to the Province in
which the well-head of natural gas is situated.
(2)
The net profits earned by the Federal Government, or any undertaking
established or administered by the Federal Government from the bulk generation
of power at a hydro-electric station shall be paid to the Province in which the
hydro-electric station is situated.
Explanation.—For
the purposes of this clause “net profits” shall be computed by deducting from
the revenues accruing from the bulk supply of power from the bus-bars of a
hydro-electric station at a rate to be determined by the Council of Common
Interests, the operating expenses of the station, which shall include any sums
payable as taxes, duties, interest or return on investment, and depreciations
and element of obsolescence, and over-heads, and provision for reserves.
162.
Prior sanction of President required to Bills affecting taxation in which
Provinces are interested
No
Bill or amendment which imposes or varies a tax or duty the whole or part of
the net proceeds whereof is assigned to any Province, or which varies the
meaning of the expression “agricultural income” as defined for the purposes of
the enactments relating to income-tax, or which affects the principles on which
under any of the foregoing provisions of this Chapter moneys are or may be
distributable to Provinces, shall be introduced or moved in the National
Assembly except with the previous sanction of the President.
163.
Provincial taxes in respect of professions, etc.
A
Provincial Assembly may by Act impose taxes, not exceeding such limits as may
from time to time be fixed by Act of Majlis-e-Shoora (Parliament), on persons
engaged in professions, trades, callings or employments, and no such Act of the
Assembly shall be regarded as imposing a tax on income.
Miscellaneous
Financial provisions
164.
Grants out of Consolidated Fund
The
Federation or a Province may make grants for any purpose, notwithstanding that
the purpose is not one with respect to which Majlis-e-Shoora (Parliament) or,
as the case may be, a Provincial Assembly may make laws.
165.
Exemption of certain public property from taxation
(1)
The Federal Government shall not, in respect of its property or income, be
liable to taxation under any Act of Provincial Assembly and, subject to clause
(2), a Provincial Government shall not, in respect of its property or income,
be liable to taxation under Act on Majlis-e-Shoora (Parliament) or under Act of
the Provincial Assembly of any 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 Act of Majlis-e-Shoora (Parliament)
or under Act of the Provincial Assembly of the Province in which that trade or
business is carried on.
(3)
Nothing in this Article shall prevent the imposition of fees for services
rendered.
165A.
Power of Majlis-e-Shoora (Parliament) to impose tax on the income of certain
corporations, etc.[111]
(1)
For the removal of doubt, it is hereby declared that Majlis-e-Shoora
(Parliament) has, and shall be deemed always to have had, the power to make a
law to provide for the levy and recovery of a tax on the income of a
corporation, company or other body or institution established by or under a
Federal law or a Provincial law or an existing law or a corporation, company or
other body or institution owned or controlled, either directly or indirectly,
by the Federal Government or a Provincial Government, regardless of the
ultimate destination of such income.
(2)
All orders made, proceedings taken and acts done by any authority or person,
which were made, taken or done, or purported to have been made, taken or done,
before the commencement of the Constitution (Amendment) Order, 1985, in
exercise of the powers derived from any law referred to in clause (1), or in
execution of any orders made by any authority in the exercise or purported
exercise of powers as aforesaid, shall, notwithstanding any judgment of any
court or tribunal, including the Supreme Court and a High Court, be deemed to
be and always to have been validly made, taken or done and shall not be called
in question in any court, including the Supreme Court and a High Court, on any
ground whatsoever.
(3)
Every judgment or order of any court or tribunal, including the Supreme Court
and a High Court, which is repugnant to the provisions of clause (1) or clause
(2) shall be, and shall be deemed always to have been, void and of no effect
whatsoever.
CHAPTER
2
Borrowing
and Audit
166.
Borrowing by Federal Government
The
executive authority of the Federation extends to borrowing upon the security of
the Federal Consolidated Fund within such limits, if any, as may from time to
time be fixed by Act of Majlis-e-Shoora (Parliament), and to the giving of
guarantees within such limits, if any, as may be so fixed.
167.
Borrowing by Provincial Government
(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 from time to time be fixed by Act of
the Provincial Assembly, and to the giving of guarantees within such limits, if
any, as may be so fixed.
(2)
The Federal Government may, subject to such conditions, if any, as it may think
fit to impose, make loans to, or, so long as any limits fixed under Article 166
are not exceeded give guarantees in respect of loans raised by, any Province,
and any sums required for the purpose of making loans to a Province shall be
charged upon the Federal Consolidated Fund.
(3) A
Province may not, without the consent of the Federal Government, raise any loan
if there is still outstanding any part of a loan made to the Province by the
Federal Government, or in respect of which guarantee has been given by the
Federal Government; and consent under this clause may be granted subject to
such conditions, if any, as the Federal Government may think fit to impose.
Audit
and Accounts
168.
Auditor-General of Pakistan
(1)
There shall be an Auditor-General of Pakistan, who shall be appointed by the
President.
(2)
Before entering upon office, the Auditor-General shall make before the Chief
Justice of Pakistan oath in the form set out in the Third Schedule.
(3)
The terms and conditions of service, including the term of office, of the
Auditor-General shall be determined by Act of Majlis-e-Shoora (Parliament) and,
until so determined, by Order of the President.
(4) A
person who has held office as Auditor-General shall not be eligible for further
appointment in the service of Pakistan before the expiration of two years after
he has ceased to hold that office.
(5)
The Auditor-General shall not be removed from office except in the like manner
and on the like grounds as a Judge of the Supreme Court.
(6) At
any time when the office of the Auditor-General is vacant or the
Auditor-General is absent or is unable to perform the functions of his office
due to any cause, such other person as the President may direct shall act as
Auditor-General and perform the functions of that office.
169.
Functions and powers of Auditor-General
The
Auditor-General shall, in relation to—
(a)
the accounts of the Federation and of the Provinces; and
(b)
the accounts of any authority or body established by the Federation or a
Province,
perform
such functions and exercise such powers as may be determined by or under Act of
Majlis-e-Shoora (Parliament) and, until so determined, by Order of the
President.
170.
Power of Auditor-General to give directions as to accounts
The
accounts of the Federation and of the Provinces shall be kept in such form and
in accordance with such principles and methods as the Auditor-General may, with
the approval of the President, prescribe.
171.
Reports of Auditor-General
The
reports of the Auditor-General relating to the accounts of the Federation shall
be submitted to the President, who shall cause them to be laid before the
National Assembly and the reports of the Auditor-General relating to the
accounts of a Province shall be submitted to the Governor of the Province, who
shall cause them to be laid before the Provincial Assembly.
CHAPTER
3
Property,
Contracts, Liabilities and Suits
172.
Ownerless property
(1)
Any property which has no rightful owner shall, if located in a Province, vest
in the Government of that Province, and in every other case, in the Federal
Government.
(2)
All lands, minerals and other things of value within the continental shelf or
underlying the ocean within the territorial waters of Pakistan shall vest in
the Federal Government.
173.
Power to acquire property and to make contracts, etc.
(1)
The executive authority of the Federation and of a Province shall extend,
subject to any Act of the Appropriate Legislature, to the grant, sale,
disposition or mortgage of any property vested in, and to the purchase or acquisition
of property on behalf of, the Federal Government or, as the case may be, the
Provincial Government, and to the making of contracts.
(2)
All property acquired for the purposes of the Federation or of a Province shall
vest in the Federal Government or, as the case may be, in the Provincial
Government.
(3)
All contracts made in the exercise of the executive authority of the Federation
or of a Province shall be expressed to be made in the name of the President or,
as the case may be, the Governor of the Province, and all such contracts and
all assurances of property made in the exercise of that authority shall be
executed on behalf of the President or Governor by such persons and in such
manner as he may direct or authorize.
(4)
Neither the President, nor the Governor of a Province, shall be personally
liable in respect of any contract or assurance made or executed in the exercise
of the executive authority of the Federation or, as the case may be, the
Province, nor shall any person making or executing any such contract or
assurance on behalf of any of them be personally liable in respect thereof.
(5)
Transfer of land by the Federal Government or a Provincial Government shall be
regulated by law.
174.
Suits and proceedings
The
Federation may sue or be sued by the name of Pakistan and a Province may sue or
be sued by the name of the Province.
PART
VII
THE
JUDICATURE
CHAPTER
1
The
Courts
175.
Establishment and jurisdiction of courts
(1)
There shall be a Supreme Court of Pakistan, a High Court for each Province and
such other courts as may be established by law.
(2) No
court shall have any jurisdiction save as is or may be conferred on it by the
Constitution or by or under any law.
(3)
The Judiciary shall be separated progressively from the Executive within
fourteen[112] years from the commencing day.
CHAPTER
2
The
Supreme Court of Pakistan
176.
Constitution of Supreme Court
The
Supreme Court shall consist of a Chief Justice to be known as the Chief Justice
of Pakistan and so many other Judges as may be determined by Act of
Majlis-e-Shoora (Parliament) or, until so determined, as may be fixed by the
President.
177.
Appointment of Supreme Court Judges
(1)
The Chief Justice of Pakistan shall be appointed by President, and each of the
other Judges shall be appointed by the President after consultation with the
Chief Justice.
(2) A
person shall not be appointed a Judge of the Supreme Court unless he is a
citizen of Pakistan and—
(a)
has for a period of, or for periods aggregating, not less than five years been
a judge of a High Court (including a High Court which existed in Pakistan at
any time before the commencing day); or
(b)
has for a period of, or for periods aggregating, not less than fifteen years
been an advocate of a High Court (including a High Court which existed in
Pakistan at any time before the commencing day).
178.
Oath of office
Before
entering upon office, the Chief Justice of Pakistan shall make before the
President, and any other Judge of the Supreme Court shall make before the Chief
Justice, oath in the form set out in the Third Schedule.
179.
Retiring age[113]
A
judge of the Supreme Court shall hold office until he attains the age of sixty
five years, unless he sooner resigns or is removed from office in accordance
with the Constitution.
180.
Acting Chief Justice
At any
time when—
(a)
the office of Chief Justice of Pakistan is vacant; or
(b)
the Chief Justice of Pakistan is absent or is unable to perform the functions
of his office due to any other cause,
the
President shall appoint the most senior of the other Judges of the Supreme
Court[114] to act as Chief Justice of Pakistan.
181.
Acting Judges
(1) At
any time when—
(a)
the office of a Judge of the Supreme Court is vacant; or
(b) a
Judge of the Supreme Court is absent or is unable to perform the functions of
his office due to any other cause,
the
President may, in the manner provided in clause (1) of Article 177, appoint a
Judge of a High Court who is qualified for appointment as a Judge of the
Supreme Court to act temporarily as a Judge of the Supreme Court.
Explanation.—In
this clause, ‘Judge of a High Court’ includes a person who has retired as a
Judge of a High Court.[115]
(2) An
appointment under this Article shall continue in force until it is revoked by
the President.
182.
Appointment of ad hoc Judges
If at
any time it is not possible for want of quorum of Judges of the Supreme Court
to hold or continue any sitting of the Court, or for any other reason it is
necessary to increase temporarily the number of Judges of the Supreme Court,
the Chief Justice of Pakistan may, in writing—
(a)
with the approval of the President, request any person who has held the office
of a Judge of that court and since whose ceasing to hold that office three
years have not elapsed; or
(b)
with the approval of the President and with the consent of the Chief Justice of
a High Court require a Judge of that Court qualified for appointment as a Judge
of the Supreme Court,
to
attend sittings of the Supreme Court as an ad hoc Judge for such period as may
be necessary and while so attending an ad hoc Judge shall have the same power
and jurisdiction as a Judge of the Supreme Court.
183.
Seat of the Supreme Court
(1)
The permanent seat of the Supreme Court shall, subject to clause (3), be at
Islamabad.
(2)
The Supreme Court may from time to time sit in such other places as the Chief
Justice of Pakistan, with the approval of the President, may appoint.
(3)
Until provision is made for establishing the Supreme Court at Islamabad, the
seat of the Court shall be at such place as the President may appoint.
184.
Original jurisdiction of Supreme Court
(1)
The Supreme Court shall, to the exclusion of every other court, have original
jurisdiction in any dispute between any two or more Governments.
Explanation.—In
this clause, “Governments” means the Federal Government and the Provincial
Governments.
(2) In
the exercise of the jurisdiction conferred on it by clause (1), the Supreme
Court shall pronounce declaratory judgments only.
(3)
Without prejudice to the provisions of Article 199, the Supreme Court shall, if
it considers that a question of public importance with reference to the
enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II
is involved, have the power to make an order of the nature mentioned in the
said Article.
185.
Appellate jurisdiction of Supreme Court
(1)
Subject to this Article, the Supreme Court shall have jurisdiction to hear and
determine appeals from judgments, decrees, final orders or sentences of a High
Court.
(2) An
appeal shall lie to the Supreme Court from any judgment, decree, final order or
sentence of a High Court—
(a) if
the High Court has on appeal reversed an order of acquittal of an accused
person and sentenced him to death or to transportation for life or imprisonment
for life; or, on revision, has enhanced a sentence to a sentence as aforesaid;
or
(b) if
the High Court has withdrawn for trial before itself any case from any court
subordinate to it and has in such trial convicted the accused person and
sentenced him as aforesaid; or
(c) if
the High Court has imposed any punishment on any person for contempt of the
High Court; or
(d) if
the amount or value of the subject-matter of the dispute in the court of first
instance was, and also in dispute in appeal is, not less than fifty thousand
rupees or such other sum as may be specified in that behalf by Act of
Majlis-e-Shoora (Parliament) and the judgment, decree or final order appealed
from has varied or set aside the judgment, decree or final order of the court
immediately below; or
(e) if
the judgement, decree or final order involves directly or indirectly some claim
or question respecting property of the like amount or value and the judgment,
decree or final order appealed from has varied or set aside the judgment,
decree or final order of the court immediately below; or
(f) if
the High Court certifies that the case involves a substantial question of law
as to the interpretation of the Constitution.
(3) An
appeal to the Supreme Court from a judgment, decree, order or sentence of a
High Court in a case to which clause (2) does not apply shall lie only if the
Supreme Court grants leave to appeal.
186.
Advisory jurisdiction
(1)
If, at any time, the President considers that it is desirable to obtain the
opinion of the Supreme Court on any question of law which he considers of
public importance, he may refer the question to the Supreme Court for
consideration.
(2)
The Supreme Court shall consider a question so referred and report its opinion
on the question to the President.
186A.
Power of Supreme Court to transfer cases[116]
The
Supreme Court may, if it considers it expedient to do so in the interest of
justice, transfer any case, appeal or other proceedings pending before any High
Court to any other High Court.
187.
Issue and execution of processes of Supreme Court
(1)
Subject to clause (2) of Article 175, the[117] Supreme Court shall have power
to issue such directions, orders or decrees as may be necessary for doing
complete justice in any case or matter pending before it, including an order
for the purpose of securing the attendance of any person or the discovery or
production of any document.
(2)
Any such direction, order or decree shall be enforceable throughout Pakistan
and shall, where it is to be executed in a Province, or a territory or an area
not forming part of a Province but within the jurisdiction of the High Court of
the Province, be executed as if it had been issued by the High Court of that
Province.
(3) If
a question arises as to which High Court shall give effect to a direction,
order or decree of the Supreme Court, the decision of the Supreme Court on the
question shall be final.
188.
Review of judgments or orders by the Supreme Court
The
Supreme Court shall have power, subject to the provisions of any Act of
Majlis-e-Shoora (Parliament) and of any rules made by the Supreme Court, to
review any judgment pronounced or any order made by it.
189.
Decisions of Supreme Court binding on other courts
Any
decision of the Supreme Court shall, to the extent that it decides a question
of law or is based upon or enunciates a principle of law, be binding on all
other courts in Pakistan.
190.
Action in aid of Supreme Court
All
executive and judicial authorities throughout Pakistan shall act in aid of the
Supreme Court.
191.
Rules of procedure
Subject
to the Constitution and law, the Supreme Court may make rules regulating the
practice and procedure of the Court.
CHAPTER
3
The
High Courts
192.
Constitution of High Court
(1) A
High Court shall consist of a Chief Justice and so many other Judges as may be
determined by law or, until so determined, as may be fixed by the President.
(2)
The Sind and Baluchistan High Court shall cease to function as a common High
Court for the Provinces of Baluchistan and Sind.
(3)
The President shall, by Order, establish a High Court for each of the Provinces
of Baluchistan and Sind and may make such provision in the Order for the
principal seats of the two High Courts, transfer of the Judges of the common
High Court, transfer of cases pending in the common High Court immediately
before the establishment of two High Courts and, generally, for matters
consequential or ancillary to the common High Court ceasing to function and the
establishment of the two High Courts as he may deem fit.[118]
(4)
The Jurisdiction of a High Court may, by Act of Majlis-e-Shoora (Parliament),
be extended to any area in Pakistan not forming part of a Province.
193.
Appointment of High Court Judges
(1) A
Judge of a High Court shall be appointed by the President after consultation—
(a)
with the Chief Justice of Pakistan;
(b)
with the Governor concerned; and
(c)
except where the appointment is that of Chief Justice, with the Chief Justice
of the High Court.
(2) A
person shall not be appointed a Judge of a High Court unless he is a citizen of
Pakistan, is not less than forty-five[119] years of age, and—
(a) he
has for a period of, or for periods aggregating, not less than ten years been
an advocate of a High Court (including a High Court which existed in Pakistan
at any time before the commencing day); or
(b) he
is, and has for a period of not less than ten years been, a member of a civil
service prescribed by law for the purposes of this paragraph, and has, for a
period of not less than three years, served as or exercised the functions of a
District Judge in Pakistan; or
(c) he
has, for a period of not less than ten years, held a judicial office in
Pakistan.
Explanation.—In
computing the period during which a person has been an advocate of a High Court
or held judicial office, there shall be included any period during which he has
held judicial office after he became an advocate or, as the case may be, the
period during which he has been an advocate after having held judicial office.[120]
(3) In
this Article, “District Judge” means Judge of a principal civil court of
original jurisdiction.
194.
Oath of office
Before
entering upon office, the Chief Justice of a High Court shall make before the
Governor, and any other Judge of the Court shall make before the Chief Justice,
oath in the form set out in the Third Schedule.
195.
Retiring age[121]
A
judge of the High Court shall hold office until he attains the age of sixty-two
years, unless he sooner resigns or is removed from office in accordance with
the Constitution.
196.
Acting Chief Justice
At any
time when—
(a)
the office of Chief Justice of a High Court is vacant, or
(b)
the Chief Justice of a High Court is absent or is unable to perform the
functions of his office due to any other cause,
the
President shall appoint one of the other judge of the High Court, or may
request one of the Judges of the Supreme Court,[122] to act as Chief Justice.
197.
Additional Judges
At any
time when—
(a)
the office of a Judge of a High Court is vacant; or
(b) a
Judge of a High Court is absent or is unable to perform the functions of his
office due to any other cause; or
(c)
for any reason it is necessary to increase the number of Judges of a High
Court, the President may, in the manner provided in clause (1) of Article 193,
appoint a person qualified for appointment as a Judge of the High Court to be
Additional Judge of the Court for such period as the President may determine,
being a period not exceeding such period, if any, as may be prescribed by law.
198.
Seat of the High Court[123]
(1)
Each High Court in existence immediately before the commencing day shall
continue to have its principal seat at the place where it had such seat before
that day.
(2)
Each High Court and the Judges and divisional courts thereof shall sit at its
principal seat and the seats of its Benches and may hold, at any place within
its territorial jurisdiction, circuit courts consisting of such of the Judges
as may be nominated by the Chief Justice.
(3)
The Lahore High Court shall have a Bench each at Bahawalpur, Multan and
Rawalpindi; the High Court of Sind shall have a Bench at Sukkur; the Peshawar
high Court shall have a Bench each at Abbottabad and Dera Ismail Khan and the
High Court of Baluchistan shall have a Bench at Sibi.
(4)
Each of the High Courts may have Benches at such other places as the Governor
may determine on the advice of the Cabinet and in consultation with the Chief
Justice of the High Court.
(5) A
Bench referred to in clause (3), or established under clause (4), shall consist
of such of the Judges of the High Court as may be nominated by the Chief
Justice from time to time for a period of not less than one year.
(6)
The Governor in consultation with the Chief Justice of the High Court shall
make rules to provide the following matters, that is to say—
(a)
assigning the area in relation to which each Bench shall exercise jurisdiction
vested in the High Court; and
(b)
for all incidental, supplemental or consequential matters.
199.
Jurisdiction of High Court
(1)
Subject to the Constitution, a High Court may, if it is satisfied that no other
adequate remedy is provided by law—
(a) on
the application of any aggrieved party, make an order—
(i)
directing a person performing, within the territorial jurisdiction of the
Court, functions in connection with the affairs of the Federation, a Province
or a local authority, to refrain from doing anything he is not permitted by law
to do, or to do anything he is required by law to do; or
(ii)
declaring that any act done or proceeding taken within the territorial
jurisdiction of the Court by a person performing functions in connection with
the affairs of the Federation, a Province or a local authority has been done or
taken without lawful authority and is of no legal effect; or
(b) on
the application of any person, make an order—
(i)
directing that a person in custody within the territorial jurisdiction of the
Court be brought before it so that the Court may satisfy itself that he is not
being held in custody without lawful authority or in an unlawful manner; or
(ii)
requiring a person within the territorial jurisdiction of the Court holding or
purporting to hold a public office to show under what authority of law he
claims to hold that office; or
(c) on
the application of any aggrieved person, make an order giving such directions
to any person or authority, including any Government exercising any power or
performing any function in, or in relation to, any territory within the
jurisdiction of that Court as may be appropriate for the enforcement of any of
the Fundamental Rights conferred by Chapter 1 of Part II.
(2)
Subject to the Constitution, the right to move a High Court for the enforcement
of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be
abridged.
(3) An
order shall not be made under clause (1) on application made by or in relation
to a person who is a member of the Armed Forces of Pakistan, or who is for the
time being subject to any law relating to any of those Forces, in respect of
his terms and conditions of service, in respect of any matter arising out of
his service, or in respect of any action taken in relation to him as a member
of the Armed Forces of Pakistan or as a person subject to such law.[124]
[(3A)–(3C)
Omitted.][125]
(4)
Where—
(a) an
application is made to a High Court for an order under paragraph (a) or
paragraph (c) of clause (1), and
(b)
the making of an interim order would have the effect of prejudicing or
interfering with the carrying out of a public work or of otherwise being
harmful to public interest or State property[126] or of impeding the assessment
or collection of public revenues,
the
Court shall not make an interim order unless the prescribed law officer has
been given notice of the application and he or any person authorised by him in
that behalf has had an opportunity of being heard and the Court, for reasons to
be recorded in writing, is satisfied that the interim order—
(i)
would not have such effect as aforesaid; or
(ii)
would have the effect of suspending an order or proceeding which on the face of
the record is without jurisdiction.
(4A)
An interim order made by a High Court on an application made to it to question
the validity or legal effect of any order made, proceeding taken or act done by
any authority or person, which has been made, taken or done or purports to have
been made, taken or done under any law which is specified in Part I of the
First Schedule or relates to, or is connected with, State property or
assessment or collection of public revenues shall cease to have effect on the
expiration of a period of six months following the day on which it is made,
Provided
that the matter shall be finally decided by the High Court within six months
from the date on which the interim order is made.[127]
[(4B)
Omitted.][128]
(5) In
this Article, unless the context otherwise requires—
“person”
includes any body politic or corporate, any authority of or under the control
of the Federal Government or of a Provincial Government, and any Court or
tribunal, other than the Supreme Court, a High Court or a Court or tribunal
established under a law relating to the Armed Forces of Pakistan; and
“prescribed
law officer” means—
(a) in
relation to an application affecting the Federal Government or an authority of
or under the control of the Federal Government, the Attorney-General, and
(b) in
any other case, the Advocate-General for the Province in which the application
is made.
200.
Transfer of High Court Judges
(1)
The President may transfer a Judge of a High Court from one High Court to
another High Court, but no Judge shall be so transferred except with his
consent and after consultation by the President with the Chief Justice of
Pakistan and the Chief Justices of both High Courts:
Provided
that such consent, or consultation with the Chief Justices of the High Courts,
shall not be necessary if such transfer is for a period not exceeding two years
at a time.
Explanation.—In
this Article, “Judge” does not include a Chief Justice but includes a Judge for
the time being acting as Chief Justice of a High Court other than a Judge of
the Supreme Court acting as such in pursuance of a request made under paragraph
(b) of Article 196.[129]
(2)
Where a Judge is so transferred or is appointed to an office other than that of
Judge at a place other than the principal seat of the High Court, he shall,
during the period for which he serves as a Judge of the High Court to which he
is transferred, or holds such other office, be entitled to such allowances and
privileges, in addition to his salary, as the President may, by Order,
determine.[130]
(3) If
at any time it is necessary for any reason to increase temporarily the number
of Judges of a High Court, the Chief Justice of that Court may require a Judge
of any other High Court to attend sittings of the former High Court for such
period as may be necessary and, while so attending the sittings of the High
Court, the Judge shall have the same power and jurisdiction as a Judge of that
High Court:
Provided
that a Judge shall not be so required except with his consent and the approval
of the President and after consultation with the Chief Justice of Pakistan and
the Chief Justice of the High Court of which he is a Judge.
Explanation.—In
this Article, “High Court” includes a Bench of a High Court.[131]
(4) A
Judge of a high Court who does not accept transfer to another High Court under
clause (1) shall be deemed to have retired from his office and, on such
retirement, shall be entitled to receive a pension calculated on the basis of
the length of his service as Judge and total service, if any, in the service of
Pakistan.[132]
201.
Decision of High Court binding on subordinate courts
Subject
to Article 189, any decision of a High Court shall, to the extent that it
decides a question of law or is based upon or enunciates a principle of law, be
binding on all courts subordinate to it.
202.
Rules of Procedure
Subject
to the Constitution and law, a High Court may make rules regulating the
practice and procedure of the Court or of any court subordinate to it.
203.
High Court to superintend subordinate courts
Each
High Court shall supervise and control all courts subordinate to it.
CHAPTER
3A
Federal
Shariat Court[133]
203A.
Provisions of Chapter to override other provisions of Constitution
The
provisions of this Chapter shall have effect notwithstanding anything contained
in the Constitution.
203B.
Definitions[134]
In
this Chapter, unless there is anything repugnant in the subject or context—
(a)
“Chief Justice” means Chief Justice of the Court;
(b)
“Court” means the Federal Shariat Court constituted in pursuance of Article
203C;
(bb)
“Judge” means Judge of the Court;[135]
(c)
“law” includes any custom or usage having the force of law but does not include
the Constitution, Muslim personal law, any law relating to the procedure of any
court or tribunal or, until the expiration of ten[136] years from the
commencement of this Chapter, any fiscal law or any law relating to the levy
and collection of taxes and fees or banking or insurance practice and procedure.
[(d)
Omitted.][137]
203C.
The Federal Shariat Court[138]
(1)
There shall be constituted for the purposes of this Chapter a court to be
called the Federal Shariat Court.
(2)
The Court shall consist of not more than eight Muslim Judges, including the
Chief Justice, to be appointed by the President.[139]
(3)
The Chief Justice shall be a person who is, or has been, or is qualified to be,
a Judge of the Supreme Court or who is or has been a permanent Judge of a High
Court.
(3A)
Of the Judges, not more than four shall be persons each one of whom is, or has
been, or is qualified to be, a Judge of a High Court and not more than three
shall be Ulema who are well-versed in Islamic law.[140]
(4)
The Chief Justice and a Judge shall hold office for a period not exceeding
three years, but may be appointed for such further term or terms as the
President may determine:[141]
Provided
that a Judge of a High Court shall not be appointed to be a [Judge] for a
period exceeding [two years] except with his consent and, except where the
Judge is himself the Chief Justice, after consultation by the President with
the Chief Justice of the High Court.[142]
(4A)
The Chief Justice, if he is not a Judge of the Supreme Court, and a Judge who
is not a Judge of a High Court, may, by writing under his hand addressed to the
President, resign his office.[143]
(4B)
The president may, at any time, by order in writing,—
(a)
modify the term of appointment of a Judge;
(b)
assign to a Judge any other office; and
(c)
require a Judge to perform such other functions as the President may deem fit;
and
pass such other order as he may consider appropriate.
Explanation.—In
this clause and clause (4C), “Judge” includes Chief Justice.[144]
(4C)
While he is performing the functions which he is required under clause (4B) to
perform, or holding any other office assigned to him under that clause, a Judge
shall be entitled to the same salary, allowances and privileges as are
admissible to the Chief Justice or, as the case may be, Judge of the Court.
(5) A
Judge of a High Court who does not accept appointment as a Judge shall be
deemed to have retired from his office and, on such retirement, shall be
entitled to receive a pension calculated on the basis of the length of his
service as Judge and total service, if any, in the service of Pakistan.
(6)
The principal seat of the Court shall be at Islamabad, but the Court may from
time to time sit in such other places in Pakistan as the Chief Justice may,
with the approval of the President, appoint.
(7)
Before entering upon office, the Chief Justice and a Judge shall make before
the President or a person nominated by him oath in the form set out in the
Third Schedule.
(8) At
any time when the Chief Justice or a Judge is absent or is unable to perform
the functions of his office, the President shall appoint another person
qualified for the purpose to act as Chief Justice or, as the case may be, Judge.
(9) A
Chief Justice who is not a Judge of the Supreme Court shall be entitled to the
same remuneration, allowances and privileges as are admissible to a Judge of
the Supreme Court and a Judge[145] who is not a Judge of a High Court shall be
entitled to the same remuneration, allowances and privileges as are admissible
to a Judge of a High Court:
Provided
that where a judge is already drawing a pension for any other post in the
service of Pakistan the amount of such pension shall be deducted from the
pension admissible under this clause.[146]
203CC.
Panel of Ulema and Ulema members
[Omitted][147]
203D.
Powers, jurisdiction and functions of the Court[148]
(1)
The Court may, either of its own motion or[149] on the petition of a citizen of
Pakistan or the Federal Government or a Provincial Government, examine and
decided the question whether or not any law or provision of law is repugnant to
the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah of the
Holy Prophet, hereinafter referred to as the Injunctions of Islam.
(1A)
Where the Court takes up the examination of any law or provision of law under
clause (1) and such law or provision of law appears to it to be repugnant to
the Injunctions of Islam, the Court shall cause to be given to the Federal
Government in the case of a law with respect to a matter in the Federal
Legislative List or the Concurrent Legislative List, or to the Provincial
Government in the case of a law with respect to a matter not enumerated in the
either of those Lists, a notice specifying the particular provisions that
appear to it to be so repugnant, and afford to such Government adequate
opportunity to have its point of view placed before the Court.[150]
(2) If
the Court decides that any law or provision of law is repugnant to the
Injunctions of Islam, it shall set out in its decision:—
(a)
the reasons for its holding that opinion; and
(b)
the extent to which such law or provision is so repugnant;
and
specify the day on which the decision shall take effect:
Provided
that no such decision shall be deemed to take effect before the expiration of
the period within which an appeal therefrom may be preferred to the Supreme
Court or, where an appeal has been so preferred, before the disposal of such
appeal.[151]
(3) If
any law or provision of law is held by the Court to be repugnant to the
injunctions of Islam,—
(a)
the President in the case of a law with respect to a matter in the Federal
Legislative List or the Concurrent Legislative List, or the Governor in the case
of a law with respect to a matter not enumerated in either of those Lists,
shall take steps to amend the law so as to bring such law or provision into
conformity with the Injunctions of Islam; and
(b)
such law or provision shall, to the extent to which it is held to be so
repugnant, case to have effect on the day on which the decision of the Court
takes effect.
[(4)
Omitted.][152]
203DD.
Revisional and other jurisdiction of the Court[153]
(1)
The Court may call for and examine the record of any case decided by any
criminal court under any law relating to the enforcement of Hudood for the
purpose of satisfying itself as to the correctness, legality or propriety of
any finding, sentence or order recorded or passed by, and as to the regularity
of and proceedings of, such court and may, when calling for such record, direct
that the execution of any sentence be suspended and, if the accused is in
confinement, that he be released on bail or on his own bond pending the
examination of the record.
(2) In
any case the record of which has been called for by the Court, the Court may
pass such order as it may deem fit any may enhance the sentence:
Provided
that nothing in this Article shall be deemed to authorise the Court to convert
a finding of acquittal into one of conviction and no order under this Article
shall be made to the prejudice of the accused unless he has had an opportunity
of being heard in his own defence.
(3)
The Court shall have such other jurisdiction as may be conferred on it by or
under any law.
203E.
Powers and procedure of the Court[154]
(1)
For the purposes of the performance of its functions, the Court shall have the
powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908
(Act V of 1908), in respect of the following matters, namely:—
(a)
summoning and enforcing the attendance of any person and examining him on oath;
(b)
requiring the discovery and production of any document;
(c)
receiving evidence on affidavits; and
(d)
issuing commissions for the examination of witnesses or documents.
(2)
The Court shall have power to conduct its proceedings and regulate its
procedure in all respects as it deems fit.
(3)
The Court shall have the power of a High Court to punish its own contempt.
(4) A
party to any proceedings before the Court under clause (1) of Article 203D may
be represented by a legal practitioner who is a Muslim and has been enrolled as
an advocate of a High Court for a period of not less than five years or as an
advocate of the Supreme Court or by a jurisconsult selected by the party from
out of a panel of jurisconsults maintained by the Court for the purpose.
(5)
For being eligible to have his name borne on the panel of jurisconsults
referred to in clause (4), a person shall be an aalim who, in the opinion of
the Court, is well-versed in Shariat.
(6) A
legal practitioner or jurisconsult representing a party before the Court shall
not plead for the party but shall state, expound and interpret the injunctions
of Islam relevant to the proceedings so far as may be known to him and submit
to the Court a written statement of his interpretation of such Injunctions of
Islam.
(7)
The Court may invite any person in Pakistan or abroad whom the Court considers
to be well-versed in Islamic law to appear before it and render such assistance
as may be required of him.
(8) No
court fee shall be payable in respect of any petition or application made to
the Court under Article 203D.[155]
(9)
The Court shall have power to review any decision given or order made by
it.[156]
203F.
Appeal to Supreme Court
(1)
Any party to any proceedings before the Court under Article 203D aggrieved by
the final decision of the Court in such proceedings may, within sixty days of
such decision, prefer an appeal to the Supreme Court:
Provided
that an appeal on behalf of the Federation or of a Province may be preferred
within six months of such decision.[157]
(2)
The provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8) of
Article 203E shall apply to and in relation to the Supreme Court as if reference
in those provisions to Court were a reference to the Supreme Court.
(2A)
An appeal shall lie to the Supreme Court from any judgment, final order or
sentence of the Federal Shariat Court—
(a) if
the Federal Shariat Court has on appeal reversed an order of acquittal of an
accused person and sentenced him to death or imprisonment for life or
imprisonment for a term exceeding fourteen years; or, on revision, has enhanced
a sentence as aforesaid; or
(b) if
the Federal Shariat Court has imposed any punishment on any person for contempt
of the Court.[158]
(2B)
An appeal to the Supreme Court from a judgment decision, order or sentence of
the Federal Shariat Court in a case to which the preceding clauses do not apply
shall lie only if the Supreme Court grants leave to appeal.
(3)
For the purpose of the exercise of the jurisdiction conferred by this Article,
there shall be constituted in the Supreme Court a Bench to be called the
Shariat Appellate Bench and consisting of—
(a)
three Muslim Judges of the Supreme Court; and
(b)
not more than two Ulema to be appointed by the President to attend sittings of
the Bench as ad hoc members thereof from amongst the Judges of the Federal
Shariat Court or from out of a panel of Ulema to be drawn up by the President
in consultation with the Chief Justice.
(4) A
person appointed under paragraph (b) of clause (3) shall hold office for such
period as the President may determine.
(5)
Reference in clauses (1) and (2) to “Supreme Court” shall be construed as a
reference to the Shariat Appellate Bench.
(6)
While attending sittings of the Shariat Appellate Bench, a person appointed
under paragraph (b) of clause (3) shall have the same power and jurisdiction,
and be entitled to the same privileges, as a Judge of the Supreme Court and be
paid such allowances as the President may determine.[159]
203G.
Bar of jurisdiction
Save
as provided in Article 203F, no court or tribunal, including the Supreme Court
and a High Court, shall entertain any proceedings or exercise any power or
jurisdiction in respect of any matter within the power or jurisdiction of the
Court.
203GG.
Decision of Court binding on High Court and courts subordinate to it[160]
Subject
to Articles 203D and 203F, any decision of the Court in the exercise of its
jurisdiction under this Chapter shall be binding on a High Court and on all
courts subordinate to a High Court.
203H.
Pending proceedings to continue, etc.
(1)
Subject to clause (2) nothing in this Chapter shall be deemed to require any
proceedings pending in any court or tribunal immediately before the
commencement of this Chapter or initiated after such commencement, to be
adjourned or stayed by reason only of a petition having been made to the Court
for a decision as to whether or not a law or provision of law relevant to the
decision of the point in issue in such proceedings is repugnant to the
Injunctions of Islam; and all such proceedings shall continue, and the point in
issue therein shall be decided, in accordance with the law for the time being
in force.
(2)
All proceedings under clause (1) of Article 203B of the Constitution that may
be pending before any High Court immediately before the commencement of this
Chapter shall stand transferred to the Court and shall be dealt with by the
Court from the stage from which they are so transferred.
(3)
Neither the Court nor the Supreme Court shall in the exercise of its
jurisdiction under this Chapter have power to grant an injunction or make any
interim order in relation to any proceedings pending in any other court or
tribunal.
203I.
Administrative arrangements, etc.[161]
[Omitted]
203J.
Power to make rules
(1)
The Court may, by notification in the official Gazette, make rules for carrying
out the purposes of this Chapter.
(2) In
particular, and without prejudice to the generality of the foregoing power,
such rules may make provision in respect of all or any of the following
matters, namely:—
(a)
the scale of payment of honoraria to be made to jurisconsults, experts and
witnesses summoned by the Court to defray the expenses, if any, incurred by
them in attending for the purposes of the proceedings before the Court;
(b)
the form of oath to be made by a jurisconsult, expert or witness appearing
before the Court;
(c)
the powers and functions of the Court being exercised or performed by Benches
consisting of one or more members constituted by the Chairman;
(d)
the decision of the Court being expressed in terms of the opinion of the
majority of its members or, as the case may be, of the members constituting a
Bench; and
(e)
the decision of cases in which the members constituting a Bench are equally
divided in their opinion.[162]
(3)
Until rules are made under clause (1), the Shariat Benches of Superior Courts
Rules, 1979, shall, with the necessary modifications and so far as they are not
inconsistent with the provisions of this Chapter, continue in force.
CHAPTER
4
General
Provisions Relating to the Judicature
204.
Contempt of Court
(1) In
this Article, “Court” means the Supreme Court or a High Court.
(2) A
Court shall have power to punish any person who—
(a)
abuses, interferes with or obstructs the process of the Court in any way or
disobeys any order of the Court;
(b)
scandalizes the Court or otherwise does anything which tends to bring the Court
or a Judge of the Court into hatred, ridicule or contempt;
(c)
does anything which tends to prejudice the determination of a matter pending
before the Court; or
(d)
does any other thing which, by law, constitutes contempt of the Court.
(3)
The exercise of the power conferred on a Court by this Article may be regulated
by law and, subject to law, by rules made by the Court.[163]
205.
Remuneration etc., of Judges
The
remuneration and other terms and conditions of service of a Judge of the
Supreme Court or of a High Court shall be as provided in the Fifth Schedule.
206.
Resignation
(1) A
Judge of the Supreme Court or of a High Court may resign his office by writing
under his hand addressed to the President.
(2) A
Judge of a High Court who does not accept appointment as a Judge of the Supreme
Court shall be deemed to have retired from his office and, on such retirement,
shall be entitled to receive a pension calculated on the basis of the length of
his service as Judge and total service, if any, in the service of Pakistan.[164]
207.
Judge not to hold office of profit, etc.
(1) A
Judge of the Supreme Court or of a High Court shall not—
(a)
hold any other office of profit in the service of Pakistan if his remuneration
is thereby increased; or
(b)
occupy any other position carrying the right to remuneration for the rendering
of services.
(2) A
person who has held office as a Judge of the Supreme Court or of a High Court
shall not hold any office of profit in the service of Pakistan, not being a
judicial or quasi-judicial office or the office of Chief Election Commissioner
or of Chairman or member of a law commission or of Chairman or member of the
Council of Islamic Ideology, before the expiration of two years after he has
ceased to hold that office.
(3) A
person who has held office as a permanent Judge—
(a) of
the Supreme Court, shall not plead or act in any court or before any authority
in Pakistan;
(b) of
a High Court, shall not plead or act in any court or before any authority
within its jurisdiction; and
(c) of
the High Court of West Pakistan as it existed immediately before the coming
into force of the Province of West Pakistan (Dissolution) Order, 1970, shall
not plead or act in any court or before any authority within the jurisdiction
of the principal seat of that High Court or, as the case may be, the permanent
bench of that High Court to which he was assigned.
208.
Officers and servants of Courts
The
Supreme Court and the Federal Shariat Court,[165] with the approval of the
President and a High Court, with the approval of the Governor concerned, may
make rules providing for the appointment by the Court of officers and servants
of the Court and for their terms and conditions of employment.
209.
Supreme Judicial Council
(1)
There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred
to as the Council.
(2)
The Council shall consist of—
(a)
the Chief Justice of Pakistan;
(b)
the two next most senior Judges of the Supreme Court; and
(c)
the two most senior Chief Justices of High Courts.
Explanation.—For
the purpose of this clause, the inter se seniority of the Chief Justices of the
High Courts shall be determined with reference to their dates of appointment as
Chief Justice otherwise than as acting Chief Justice,[166] and in case the dates
of such appointment are the same, with reference to their dates of appointment
as Judges of any of the High Courts.
(3) If
at any time the Council is inquiring into the capacity or conduct of a Judge
who is a member of the Council, or a member of the Council is absent or is
unable to act due to illness or any other cause, then—
(a) if
such member is a Judge of the Supreme Court, the Judge of the Supreme Court who
is next in seniority below the Judges referred to in paragraph (b) of clause
(2), and
(b) if
such member is the Chief Justice of a High Court, the Chief Justice of another
High Court who is next in seniority amongst the Chief Justices of the remaining
High Courts,
shall
act as a member of the Council in his place.
(4)
If, upon any matter inquired into by the Council, there is a difference of
opinion amongst its members, the opinion of the majority shall prevail, and the
report of the Council to the President shall be expressed in terms of the view
of the majority.
(5)
If, on information from any source, the Councilor the President is of the
opinion that a Judge of the Supreme Court or of a High Court.
(a)
may be incapable of properly performing the duties of his office by reason of
physical or mental incapacity; or
(b)
may have been guilty of misconduct,
the
President shall direct the Council to or the Council may, on its own motion
inquire into the matter.[167]
(6)
If, after inquiring into the matter, the Council reports to the President that
it is of the opinion—
(a)
that the Judge is incapable of performing the duties of his office or has been
guilty of misconduct, and
(b)
that he should be removed from office,
the
President may remove the Judge from office.
(7) A
Judge of the Supreme Court or of a High Court shall not be removed from office
except as provided by this Article.
(8)
The Council shall issue a code of conduct to be observed by Judges of the
Supreme Court and of the High Courts.
210.
Power of Council to enforce attendance of persons, etc.
(1)
For the purpose of inquiring into any matter, the Council shall have the same
power as the Supreme Court has to issue directions or orders for securing the
attendance of any person or the discovery or production of any document; and
any such direction or order shall be enforceable as if it had been issued by
the Supreme Court.
(2)
The provisions of Article 204 shall apply to the Council as they apply to the
Supreme Court and a High Court.
211.
Bar of jurisdiction
The
proceedings before the Council, its report to the President and the removal of
a Judge under clause (6) of Article 209 shall not be called in question in any
court.
212.
Administrative Courts and Tribunals
(1)
Notwithstanding anything hereinbefore contained, the appropriate Legislature
may by Act provide for the establishment of one or more Administrative Courts
or Tribunals to exercise exclusive jurisdiction in respect of—
(a)
matters relating to the terms and conditions of persons who are or have been in
the service of Pakistan, including disciplinary matters;[168]
(b)
matters relating to claims arising from tortious acts of Government, or any
person in the service of Pakistan, or of any local or other authority empowered
by law to levy any tax or cess and any servant of such authority acting the
discharge of his duties as such servant; or
(c)
matters relating to the acquisition, administration and disposal of any
property which is deemed to be enemy property under any law.
(2)
Notwithstanding anything hereinbefore contained, where any Administrative Court
or Tribunal is established under clause (1), no other court shall grant an
injunction, make any order or entertain any proceedings in respect of any
matter to which the jurisdiction of such Administrative Court or Tribunal
extends [and all proceedings in respect of any such matter which may be pending
before such other court immediately before the establishment of the
Administrative Court or Tribunal; other than an appeal pending before the
Supreme Court, shall abate on such establishment:[169]
Provided
that the provisions of this clause shall not apply to an Administrative Court
or Tribunal established under an Act of a Provincial Assembly unless, at the
request of that Assembly made in the form of a resolution, Majlis-e-Shoora
(Parliament) by law extends the provisions to such a Court or Tribunal.
(3) An
appeal to the Supreme Court from a Judgment, decree, order or sentence of an
Administrative Court or Tribunal shall lie only if the Supreme Court, being
satisfied that the case involves a substantial question of law of public
importance, grants leave to appeal.
212A.
Establishment of Military Court or Tribunal[170]
[Omitted]
212B.
Establishment of Special Courts for trial of heinous offences[171]
[Repealed]
PART
VIII
ELECTIONS
CHAPTER
1
Chief
Election Commissioner and Election Commissions
213.
Chief Election Commissioner
(1)
There shall be a Chief Election Commissioner (in this Part referred to as the
Commissioner), who shall be appointed by the President in his discretion.[172]
(2) No
person shall be appointed to be Commissioner unless he is, or has been, a Judge
of the Supreme Court or is, or has been, a Judge of a High Court and is
qualified under paragraph (a) of clause (2) of Article 177 to be appointed a
Judge of the Supreme Court.
(3)
The Commissioner shall have such powers and functions as are conferred on him
by the Constitution and law.
214.
Commissioner’s oath of office
Before
entering upon office, the Commissioner shall make before the Chief Justice of
Pakistan oath in the form set out in the Third Schedule.
215.
Term of office of Commissioner
(1)
The Commissioner shall, subject to this Article, hold office for a term of
three years from the day he enters upon his office:
Provided
that the National Assembly may by resolution extend the term of the
Commissioner by a period not exceeding one year.
(2)
The Commissioner shall not be removed from office except in the manner
prescribed in Article 209 for the removal from office of a Judge and, in the
application of the Article for the purposes of this clause, any reference in
that Article to a Judge shall be construed as a reference to the Commissioner.
(3)
The Commissioner may, by writing under his hand addressed to the President,
resign his office.
216.
Commissioner not to hold office of profit
(1)
The Commissioner shall not—
(a)
hold any other office of profit in the service of Pakistan; or
(b)
occupy any other position carrying the right to remuneration for the rendering
of services.
(2) A
person who has held office as Commissioner shall not hold any office of profit
in the service of Pakistan before the expiration of two years after he has
ceased to hold that office:
Provided
that—
(a)
this clause shall not be construed as preventing a person who was a Judge of
the Supreme Court or of a High Court immediately before his appointment as Commissioner
from resuming his duties as such Judge on the expiration of his term as
Commissioner; and
(b) a
person who has held office as Commissioner may, with the concurrence of both
Houses, be reappointed to that office before the expiration of two years after
he has ceased to hold that office.
217.
Acting Commissioner
At any
time when—
(a)
the office of Commissioner is vacant, or
(b)
the Commissioner is absent or is unable to perform the functions of his office
due to any other cause,
a
Judge of the Supreme Court nominated by the Chief Justice of Pakistan shall act
as Commissioner.
218.
Election Commission
(1)
For the purpose of election to both Houses of Majlis-e-Shoora (Parliament),
Provincial Assemblies and for election of such other public offices as may be
specified by law or until such law is made by the Majlis-e-Shoora (Parliament)
by Order of the President, a permanent Election Commission shall be constituted
in accordance with this Article.[173]
(2)
The Election Commission shall consist of—
(a) the
Commissioner who shall be Chairman of the Commission; and
(b)
four members, each of whom shall be a Judge of a High Court, from each
Province, appointed by the President after consultation with the Chief Justice
of the High Court concerned and with the Commissioner.[174]
(3) It
shall be the duty of the Election Commission constituted in relation to an
election to organize and conduct the election and to make such arrangements as
are necessary to ensure that the election is conducted honestly, justly, fairly
and in accordance with law, and that corrupt practices are guarded against.
219.
Duties of Commissioner
The
Commissioner shall be charged with the duty of—
(a)
preparing electoral rolls for election to the National Assembly and the
Provincial Assemblies, and revising such rolls annually;
(b)
organizing and conducting election to the Senate or to fill casual vacancies in
a House or a Provincial Assembly; and
(c)
appointing Election Tribunals.
220.
Executive authorities to assist Commission, etc.
It
shall be the duty of all executive authorities in the Federation and in the
Provinces to assist the Commissioner and the Election Commission in the
discharge of his or their functions.
221.
Officers and servants
Until
Majlis-e-Shoora (Parliament) by law otherwise provides, the Commissioner may,
with the approval of the President, make rules providing for the appointment by
the Commissioner of officers and servants to be employed in connection with the
functions of the Commissioner or an Election Commission and for their terms and
conditions of employment.
CHAPTER
2
Electoral
Laws and Conduct of Elections
222.
Electoral laws
Subject
to the Constitution, Majlis-e-Shoora (Parliament) may by law provide for—
(a)
the allocation of seats in the National Assembly as required by clauses (3) and
(4) of Article 51;
(b)
the delimitation of constituencies by the Election Commission;
(c)
the preparation of electoral rolls, the requirements as to residence in a
constituency, the determination of objections pertaining to and the
commencement of electoral rolls;
(d)
the conduct of elections and election petitions, the decision of doubts and
disputes arising in connection with elections;
(e)
matters relating to corrupt practices and other offences in connection with
elections; and
(f)
all other matters necessary for the due constitution of the two Houses and the
Provincial Assemblies;
but no
such law shall have the effect of taking away or abridging any of the powers of
the Commissioner or an Election Commission under this Part.
223.
Bar against double membership
(1) No
person shall, at the same time, be a member of—
(a)
both Houses; or
(b) a
House and a Provincial Assembly; or
(c)
the Assemblies of two or more Provinces; or
(d) a
House or a Provincial Assembly in respect of more than one seat.
(2)
Nothing in clause (1) shall prevent a person from being a candidate for two or
more seats at the same time, whether in the same body or in different bodies,
but if he is elected to more than one seat he shall, within a period of thirty
days after the declaration of the result for the last such seat, resign all but
one of his seats, and if he does not so resign, all the seats to which he has
been elected shall become vacant at the expiration of the said period of thirty
days except the seat to which he has been elected last or, if he has been
elected to more than one seat on the same day, the seat for election to which
his nomination was filed last.
Explanation.—In
this clause, “body” means either House or a Provincial Assembly.
(3) A
person to whom clause (2) applied shall not take a seat in either House or the
Provincial Assembly to which he has been elected until he has resigned all but
one of his seats.
(4)
Subject to clause (2), if a member of either House or of a Provincial Assembly
becomes as candidate for a second seat which, in accordance with clause (1), he
may not hold concurrently with his first seat, then his first seat shall become
vacant as soon as he is elected to the second seat.
224.
Time of election and bye-election
(1) A
general election to the National Assembly or a Provincial Assembly shall be
held within a period of sixty days immediately following[175] the day on which
the term of the Assembly is due to expire, unless the Assembly has been sooner
dissolved, and the results of the election shall be declared not later than
fourteen days before that day:
Provided
that on dissolution of an Assembly on completion of its term, the President in
his discretion, or as the case may be, the Governor in his discretion but with
the previous approval of the President, shall appoint a care-taker Cabinet.
(2)
When the National Assembly or a Provincial Assembly is dissolved, a general
election to the Assembly shall be held within a period of ninety days after the
dissolution, and the results of the election shall be declared not later than
fourteen days after the conclusion of the polls.
(3) An
election to fill the seats in the Senate which are to become vacant on the
expiration of the term of the members of the Senate shall be held not earlier
than thirty days immediately preceding the day on which the vacancies are due
to occur.
(4)
When, except by dissolution of the National Assembly or a Provincial Assembly,
a general[176] seat in any such Assembly has become vacant not later than one
hundred and twenty days before the term of that Assembly is due to expire, an
election to fill the seat shall be held within sixty days from the occurrence
of the vacancy.
(5)
When a seat in the Senate has become vacant, an election to fill the seat shall
have held within thirty days from the occurrence of the vacancy.
(6)
When a seat reserved for women or non-Muslims in the National Assembly or a
Provincial Assembly falls vacant for death, resignation or disqualification of
a member, it shall be filled by the next person in order of precedence from the
party list of the candidates submitted to the Election Commission for the last
general election by the political party whose member has vacated such seat.
(7)
When a care-taker Cabinet is appointed on dissolution of the National Assembly
under Article 58 or a Provincial Assembly under Article 112, or on dissolution
of any such Assembly on completion of its term, the Prime Minister or, as the
case may be, the Chief Minister of the care-taker Cabinet shall not be eligible
to contest the immediately following election of such Assembly.[177]
225.
Election dispute
No
election to a House or a Provincial Assembly shall be called in question except
by an election petition presented to such tribunal and in such manner as may be
determined by Act of Majlis-e-Shoora (Parliament).
226.
Elections to be by secret ballot
All
elections under the Constitution shall be by secret ballot.[178]
PART
IX
ISLAMIC
PROVISIONS
227.
Provisions relating to the Holy Quran and Sunnah
(1)
All existing laws shall be brought in conformity with the Injunctions of Islam
as laid down in the Holy Quran and Sunnah, in this Part referred to as the
Injunctions of Islam, and no law shall be enacted which is repugnant to such
Injunctions.
Explanation.—In
the application of this clause to the personal law of any Muslim sect, the
expression “Quran and Sunnah” shall mean the Quran and Sunnah as interpreted by
that sect.[179]
(2)
Effect shall be given to the provisions of clause (1) only in the manner provided
in this Part.
(3)
Nothing in this Part shall affect the personal laws of non-Muslim citizens or
their status as citizens.
228.
Composition, etc. of Islamic Council
(1)
There shall be, constituted within a period of ninety days from the commencing day
a Council of Islamic Ideology, in this Part referred to as the Islamic Council.
(2)
The Islamic Council shall consist of such members, being not less than eight
and not more than twenty[180] as the President may appoint from amongst persons
having knowledge of the principles and philosophy of Islam as enunciated in the
Holy Quran and Sunnah, or understanding of the economic, political, legal or
administrative problems of Pakistan.
(3)
While appointing members of the Islamic Council, the president shall ensure
that—
(a) so
far as practicable various schools of thought are represented in the Council;
(b)
not less than two of the members are persons each of whom is, or has been a
Judge of the Supreme Court or of a High Court;
(c)
not less than four of the members are persons each of whom has been engaged,
for a period of not less than fifteen years, in Islamic research or
instruction; and
(d) at
least one member is a woman.
(4)
The president shall appoint one of the members of the Islamic Council to be the
Chairman thereof.[181]
(5)
Subject to clause (6), a member of the Islamic Council shall hold office for a
period of three years.
(6) A
member may, by writing under his hand addressed to the President, resign his
office or may be removed by the President upon the passing of a resolution for
his removal by a majority of the total membership of the Islamic Council.
229.
Reference by Majlis-e-Shoora (Parliament),etc., to Islamic Council
The
President or the Governor of a Province may, or if two-fifths of its total
membership so requires, a House or a Provincial Assembly shall, refer to the
Islamic council for advice any question as to whether a proposed law is or is
not repugnant to the Injunctions of Islam.
230.
Functions of the Islamic Council
(1)
The functions of the Islamic Council shall be—
(a) to
make recommendations to Majlis-e-Shoora (Parliament) and the Provincial
Assemblies as to the ways and means of enabling and encouraging the Muslims of
Pakistan to order their lives individually and collectively in all respects in
accordance with the principles and concepts of Islam as enunciated in the Holy
Quran and Sunnah;
(b) to
advice a House, a Provincial Assembly, the President or a Governor on any
question referred to the Council as to whether a proposed law is or is not
repugnant to the Injunctions of Islam;
(c) to
make recommendations as to the measures for bringing existing laws into
conformity with the Injunctions of Islam and the stages by which such measures
should be brought into effect; and
(d) to
compile in a suitable form, for the guidance of Majlis-e-Shoora (Parliament)
and the Provincial Assemblies, such Injunctions of Islam as can be given
legislative effect.
(2)
When, under Article 229, a question is referred by a House, a Provincial
Assembly, the President or a Governor to the Islamic Council, the Council
shall, within fifteen days thereof, inform the House, the Assembly, the
President or the Governor, as the case may be, of the period within which the
Council expects to be able to furnish that advice.
(3)
Where a House, a Provincial Assembly, the President or the Governor, as the
case may be, considers that, in the public interest, the making of the proposed
law in relation to which the question arose should not be postponed until the
advice of the Islamic Council is furnished, the law may be made before the
advice is furnished:
Provided
that, where a law is referred for advice to the Islamic Council and the Council
advises that the law is repugnant to the injunctions of Islam, the House or, as
the case may be, the Provincial Assembly, the President or the Governor shall
reconsider the law so made.
(4)
The Islamic Council shall submit its final report within seven years of its
appointment, and shall submit an annual interim report. The report, whether
interim or final, shall be laid for discussion before both Houses and each
Provincial Assembly within six months of its receipt, and Majlis-e-Shoora
(Parliament) and the Assembly, after considering the report, shall enact laws
in respect thereof within a period of two years of the final report.
231.
Rules of Procedure
The
proceedings of the Islamic Council shall be regulated by rules of procedure to
be made by the Council with approval of the President.
PART X
EMERGENCY
PROVISIONS
232.
Proclamation of emergency on account of war, internal disturbance, etc.
(1) If
the president is satisfied that a grave emergency exists in which the security
of Pakistan, or any part thereof, is threatened by war or external aggression,
or by internal disturbance beyond the power of a Provincial Government to
control, he may issue a Proclamation of Emergency.
(2)
Notwithstanding anything in the Constitution, while a Proclamation of Emergency
is in force,—
(a)
Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or
any part thereof, with respect to any matter not enumerated in the Federal
Legislative List or the Concurrent Legislative List;[182]
(b)
the executive authority of the Federation shall extend to the giving of
directions to a Province as to the manner in which the executive authority of
the Province is to be exercised; and
(c)
the Federal Government may by Order assume to itself, or direct the Governor of
a Province to assume on behalf of the Federal Government, all or any of the
functions of the Government of the Province, and all or any of the powers
vested in, or exercisable by, any body or authority in the Province other than
the Provincial Assembly, and make such incidental and consequential provisions
as appear to the Federal Government to be necessary or desirable for giving
effect to the objects of the Proclamation, including provisions for suspending,
in whole or in part, the operation of any provisions of the Constitution
relating to any body or authority in the Province:
Provided
that nothing in paragraph (c) shall authorise the Federal Government to assume
to itself, or direct the Governor of the Province to assume on its behalf, any
of the powers vested in or exercisable by a High Court, or to suspend either in
whole or in part the operation of any provisions of the Constitution relating
to High Courts.
(3)
The power of Majlis-e-Shoora (Parliament) to make laws for a Province with
respect to any matter shall include power to make laws conferring powers and
imposing duties, or authorizing the conferring of powers and the imposition of
duties upon the Federation, or officers and authorities of the Federation, as
respects that matter.
(4)
Nothing in this Article shall restrict the power of a Provincial Assembly to
make any law which under the Constitution it has power to make, but if any
provision of a Provincial law is repugnant to any provision of an Act of
Majlis-e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) has under this
Article power to make, the Act of Majlis-e-Shoora (Parliament), whether passed
before or after the Provincial law, shall prevail and the Provincial law shall,
to the extent of the repugnancy, but so long only as the Act of Majlis-e-Shoora
(Parliament) continues to have effect, be void.
(5) A
law made by Majlis-e-Shoora (Parliament), which Majlis-e-Shoora (Parliament)
would not but for the issue of a Proclamation of Emergency have been competent
to make, shall, to the extent of the incompetency, cease to have effect on the
expiration of a period of six months after the Proclamation of Emergency has
ceased to be in force, except as respects things done or omitted to be done
before the expiration of the said period.
(6)
While a Proclamation of Emergency is in force, Majlis-e-Shoora (Parliament) may
by law extend the term of the National Assembly for a period not exceeding one
year and not extending in any case beyond a period of six months after the
Proclamation has ceased to be in force.
(7) A
Proclamation of Emergency shall be laid before a joint sitting which shall be
summoned by the President to meet within thirty days of the Proclamation being
issued and—
(a)
shall cease to be in force at the expiration of two months unless before the
expiration of that period it has been approved by a resolution of the joint
sitting; and
(b)
shall, subject to the provisions of paragraph (a), cease to be in force upon a
resolution disapproving the Proclamation being passed by the votes of the
majority of the total membership of the two Houses in joint sitting.[183]
(8)
Notwithstanding anything contained in clause (7), if the National Assembly
stands dissolved at the time when a Proclamation of Emergency is issued, the
Proclamation shall continue in force for a period of four months but, if a
general election to the Assembly is not held before the expiration of that
period, it shall cease to be in force at the expiration of that period unless
it has earlier been approved by a resolution of the Senate.
233.
Power to suspend Fundamental Rights, etc., during emergency period
(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,
declare 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 respect of the
whole or any part of Pakistan.
(3)
Every Order made under this Article shall, as soon as may be, be laid before a
joint sitting for approval and the provisions of clauses (7) and (8) of Article
232 shall apply to such an Order as they apply to a Proclamation of Emergency.
234.
Power to issue Proclamation in case of failure of constitutional machinery in a
Province
(1) If
the President, on receipt of a report from the Governor of a Province or
otherwise, is satisfied that a situation has arisen in which the Government of
the Province cannot be carried on in accordance with the provisions of the
Constitution, the President may, or if a resolution in this behalf is passed at
a joint sitting shall, by Proclamation,—
(a)
assume to himself, or direct the Governor of the Province to assume on behalf
of the President, all or any of the functions of the Government of the
Province, and all or any of the powers vested in, or exercisable by, any body
or authority in the Province, other than the Provincial Assembly;
(b)
declare that the powers of the Provincial Assembly shall be exercisable by, or
under the authority of, Majlis-e-Shoora (Parliament); and
(c)
make such incidental and consequential provisions as appear to the President to
be necessary or desirable for giving effect to the objects of the Proclamation,
including provisions for suspending in whole or in part the operation of any
provisions of the Constitution relating to any body or authority in the
Province:
Provided
that nothing in this Article shall authorise the President to assume to
himself, or direct the Governor of the Province to assume on his behalf, any of
the powers vested in, or exercisable by, a High Court, or to suspend either in
whole or in part the operation of any provisions of the Constitution relating
to High Courts.
(2)
The provisions of Article 105 shall not apply to the discharge by the Governor
of his functions under clause (1).
(3) A
Proclamation issued under this Article shall be laid before a joint sitting and
shall cease to be in force at the expiration of two months, unless before the
expiration of that period it has been approved by resolution of the joint sitting
and may by like resolution be extended for a further period not exceeding two
months at a time; but no such Proclamation shall in any case remain in force
for more than six months.
(4)
Notwithstanding anything contained in clause (3), if the National Assembly
stands dissolved at the time when a Proclamation is issued under this Article,
the Proclamation shall continue in force for a period of three months but, if a
general election to the Assembly is not held before the expiration of that
period, it shall cease to be in force at the expiration of that period unless
it has earlier been approved by a resolution of the Senate.
(5)
Where by a Proclamation issued under this Article it has been declared that the
powers of the Provincial Assembly shall be exercisable by or under the
authority of Majlis-e-Shoora (Parliament), it shall be competent—
(a) to
Majlis-e-Shoora (Parliament) in joint sitting to confer on the President the
power to make laws with respect to any matter within the legislative competence
of the Provincial Assembly;
(b) to
Majlis-e-Shoora (Parliament) in joint sitting, or the President, when he is
empowered under paragraph (a), to make laws conferring powers and imposing
duties, or authorising the conferring of powers and the imposition of duties,
upon the Federation, or officers and authorities thereof;
(c) to
the President, when Majlis-e-Shoora (Parliament) is not in session, to
authorize expenditure from the Provincial Consolidated Fund, whether the
expenditure is charged by the Constitution upon that fund or not, pending the
sanction of such expenditure by Majlis-e-Shoora (Parliament) in joint sitting;
and
(d) to
Majlis-e-Shoora (Parliament) in joint sitting by resolution to sanction
expenditure authorised by the President under paragraph (c).
(6)
Any law made by Majlis-e-Shoora (Parliament) or the President which
Majlis-e-Shoora (Parliament) or the President would not, but for the issue of a
Proclamation under this Article, have been competent to make, shall, to the
extent of the incompetency, cease to have effect on the expiration of a period
of six months after the Proclamation under this Article has ceased to be in
force, except as to things, done or omitted to be done before the expiration of
the said period.
235.
Proclamation in case of financial emergency
(1) If
the President is satisfied that a situation has arisen whereby the economic
life, financial stability or credit of Pakistan, or any part thereof, is
threatened, he may, after consultation with the Governors of the Provinces or,
as the case may be, the Governor of the Province concerned, by Proclamation
make a declaration to that effect, and, while such a Proclamation is in force,
the executive authority of the Federation shall extend to the giving of
directions to any Province to observe such principles of financial propriety as
may be specified in the directions, and to the giving of such other directions
as the President may deem necessary in the interest of the economic life,
financial stability or credit of Pakistan or any part thereof.
(2)
Notwithstanding anything in the Constitution, any such directions may include a
provision requiring a reduction of the salary and allowances of all or any
class of persons serving in connection with the affairs of a Province.
(3)
While a Proclamation issued under this Article is in force the President may
issue directions for the reduction of the salaries and allowances of all or any
class of persons serving in connection with the affairs of the Federation.
(4)
The provisions of clauses (3) and (4) of Article 234 shall apply to a
Proclamation issued under this Article as they apply to a Proclamation issued
under that Article.
236.
Revocation of Proclamation, etc.
(1) A
Proclamation issued under this Part may be varied or revoked by a subsequent
Proclamation.
(2)
The validity of any Proclamation issued or Order made under this Part shall not
be called in question in any court.
237.
Majlis-e-Shoora (Parliament) may make laws of indemnity, etc.
Nothing
in the Constitution shall prevent Majlis-e-Shoora (Parliament) from making any
law indemnifying any person in the service of the Federal Government or a
Provincial Government, or any other person, in respect of any act done in
connection with the maintenance or restoration of order in any area in Pakistan.
PART
XI
AMENDMENT
OF CONSTITUTION
238.
Amendment of Constitution
Subject
to this Part, the Constitution may be amended by Act of Majlis-e-Shoora
(Parliament).
239.
Constitution, amendment Bill[184]
(1) A
Bill to amend the Constitution may originate in either House and, when the Bill
has been passed by the votes of not less than two-thirds of the total
membership of the House, it shall be transmitted to the other House.
(2) If
the Bill is passed without amendment by the votes of not less than two-thirds
of the total membership of the House to which it is transmitted under clause
(1), it shall, subject to the provisions of clause (4), be presented to the
President for assent.
(3) If
the Bill is passed with amendment by the votes of not less than two-thirds of
the total membership of the House to which it is transmitted under clause (1),
it shall be reconsidered by the House in which it had originated, and if the
Bill as amended by the former House is passed by the latter by the votes of not
less than two-thirds of its total membership it shall, subject to the
provisions of clause (4), be presented to the President for assent.
(4) A
Bill to amend the Constitution which would have the effect of altering the
limits of a Province shall not be presented to the President for assent unless
it has been passed by the Provincial Assembly of that Province by the votes of
not less than two-thirds of its total membership.
(5) No
amendment of the Constitution shall be called in question in any court on any
ground whatsoever.
(6)
For the removal of doubt, it is hereby declared that there is no limitation
whatever on the power of the Majlis-e-Shoora (Parliament) to amend any of the
provisions of the Constitution.
PART
XII
MISCELLANEOUS
CHAPTER
1
Services
240.
Appointments to service of Pakistan and conditions of service
Subject
to the Constitution, the appointments to and the conditions of service of
persons in the service of Pakistan shall be determined—
(a) in
the case of the services of the Federation, posts in connection with the
affairs of the Federation and All-Pakistan Services, by or under Act of
Majlis-e-Shoora (Parliament); and
(b) in
the case of the services of a Province and posts in connection with the affairs
of a Province, by or under Act of the Provincial Assembly.
Explanation.—In
this Article, “All-Pakistan Service” means a service common to the Federation
and the Provinces, which was in existence immediately before the commencing day
or which may be created by Act of Majlis-e-Shoora (Parliament).
241.
Existing rules, etc., to continue
Until
the appropriate Legislature makes a law under Article 240, all rules and orders
in force immediately before the commencing day shall, so far as consistent with
the provisions of the Constitution, continue in force and may be amended from
time to time by the Federal Government or, as the case may be, the Provincial
Government.
242.
Public Service Commission
(1)
Majlis-e-Shoora (Parliament) in relation to the affairs of the Federation, and
the Provincial Assembly of a Province in relation to the affairs of the
Province may, by law, provide for the establishment and constitution of a
Public Service Commission.
(1A)
The Chairman of the Public Service Commission constituted in relation to the
affairs of the Federation shall be appointed by the President in his
discretion.[185]
(2) A
Public Service Commission shall perform such functions as may be prescribed by
law.
CHAPTER
2
Armed
Forces
243.
Command of Armed Forces
(1)
The Federal Government shall have control and command of the Armed Forces.
(1A)
Without prejudice to the generality of the foregoing provision, the Supreme
Command of the Armed Forces shall vest in the President.[186]
(2)
The President shall subject to law, have power—
(a) to
raise and maintain the Military, Naval and Air Forces of Pakistan; and the
Reserves of such Forces; and
(b) to
grant Commissions in such Forces.
[(c)
omitted.][187]
(3)
The President shall, in consultation with the Prime Minister appoint—
(a)
the Chairman, Joint Chiefs of Staff Committee;
(b)
the Chief of the Army Staff;
(c)
the Chief of the Naval Staff; and
(d)
the Chief of the Air Staff.
And
shall also determine their salaries and allowances.[188]
244.
Oath of Armed Forces
Every
member of the Armed Forces shall make oath in the form set out in the Third
Schedule.
245.
Functions of Armed Forces
(1)
The Armed Forces shall, under the directions of the Federal Government, defend
Pakistan against external aggression or threat of war, and, subject to law, act
in aid of civil power when called upon to do so.
(2)
The validity of any direction issued by the Federal Government under clause (1)
shall not be called in question in any court.
(3) A
High Court shall not exercise any jurisdiction under Article 199 in relation to
any area in which the Armed Forces of Pakistan are, for the time being, acting
in aid of civil power in pursuance of Article 245:
Provided
that in this clause shall not be deemed to affect the jurisdiction of the High
Court in respect of any proceeding pending immediately before the day on which
the Armed Forces start acting in aid of civil power.
(4)
Any proceeding in relation to an area referred to in clause (3) instituted on
or after the day the Armed Forces start acting in aid of civil power and
pending in any High Court shall remain suspended for the period during which
the Armed Forces are so acting.[189]
CHAPTER
3
Tribal
Areas
246.
Tribal Areas
In the
Constitution,—
(a)
“Tribal Areas” means the areas in Pakistan which, immediately before the
commencing day, were Tribal Areas, and includes—
(i)
the Tribal Areas of Baluchistan and the North-West Frontier Province; and
(ii)
the former States of Amb, Chitral, Dir and Swat;
(b)
“Provincially Administered Tribal Areas” means—
(i)
the districts of Chitral, Dir and Swat (which includes Kalam), the Tribal Area
in Kohistan district, Malakand protected Area, the Tribal Area adjoining
Mansehra district and the former State of Amb; and[190]
(ii)
Zhob district, Loralai district (excluding Duki Tehsil), Dalbandin Tehsil of
Chagai district and Marri and Bugti tribal territories of Sibi district; and
(c)
“Federally Administered Tribal Areas” includes—
(i)
Tribal Areas, adjoining Peshawar district;
(ii)
Tribal Areas adjoining Kohat district;
(iii)
Tribal Areas adjoining Bannu district;
(iv)
Tribal Areas adjoining Dera Ismail Khan district;
(v)
Bajaur Agency;
(va)
Orakzai Agency;[191]
(vi)
Mohmand Agency;
(vii)
Khyber Agency;
(viii)
Kurram Agency;
(ix)
North Waziristan Agency; and
(x)
South Waziristan Agency.
247.
Administration of Tribal Areas
(1)
Subject to the Constitution, the executive authority of the Federation shall
extend to the Federally Administered Tribal Areas, and the executive authority
of a Province shall extend to the Provincially Administered Tribal Areas
therein.
(2)
The President may, from time to time, give such directions to the Governor of a
Province relating to the whole or any part of a Tribal Area within the Province
as he may deem necessary, and the Governor shall, in the exercise of his
functions under this Article, comply with such directions.
(3) No
Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered
Tribal Area or to any part thereof, unless the President so directs, and no Act
of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a
Provincially Administered Tribal Area, or to any part thereof, unless the
Governor of the Province in which the Tribal Area is situate, with the approval
of the President, so directs; and in giving such a direction with respect to
any law, the President or, as the case may be, the Governor, may direct that
the law shall, in its application to a Tribal Area, or to a specified part
thereof, have effect subject to such exceptions and modifications as may be
specified in the direction.
(4)
Notwithstanding anything contained in the Constitution, the President may, with
respect to any matter within the legislative competence of Majlis-e-Shoora
(Parliament), and the Governor of a Province, with the prior approval of the
President, may, with respect to any matter within the legislative competence of
the Provincial Assembly make regulations for the peace and good government of a
Provincially Administered Tribal Area or any part thereof, situated in the
Province.
(5)
Notwithstanding anything contained in the Constitution, the President may, with
respect to any matter, make regulations for the peace and good government of a
Federally Administered Tribal Area or any part thereof.
(6)
The President may, at any time, by Order, direct that the whole or any part of
a Tribal Area shall cease to be Tribal Area, and such Order may contain such
incidental and consequential provisions as appear to the President to be
necessary and proper:
Provided
that before making any Order under this clause, the President shall ascertain,
in such manner as he considers appropriate, the views of the people of the
Tribal Area concerned, as represented in tribal jirga.
(7)
Neither the Supreme Court nor a High Court shall exercise any jurisdiction
under the Constitution in relation to a Tribal Area, unless Majlis-e-Shoora
(Parliament) by law otherwise provides:
Provided
that nothing in this clause shall affect the jurisdiction which the Supreme
Court or a High Court exercised in relation to a Tribal Area immediately before
the commencing day.
CHAPTER
4
General
248.
Protection to President, Governor, Minister, etc.
(1)
The President, a Governor, the Prime Minister, a Federal Minister, a Minister
of State, the Chief Minister and a Provincial Minister shall not be answerable
to any court for the exercise of powers and performance of functions of their
respective offices or for any act done or purported to be done in the exercise
of those powers and performance of those functions:
Provided
that nothing in this clause shall be construed as restricting the right of any
person to bring appropriate proceedings against the Federation or a Province.
(2) No
criminal proceedings whatsoever shall be instituted or continued against the
President or a Governor in any court during his term of office.
(3) No
process for the arrest or imprisonment of the President or a Governor shall
issue from any court during his term of office.
(4) No
civil proceedings in which relief is claimed against the President or a
Governor shall be instituted during his term of office in respect of any thing
done or not done by him in his personal capacity whether before or after he
enters upon his office unless, at least sixty days before the proceedings are
instituted, notice in writing has been delivered to him, or sent to him in the
manner prescribed by law, stating the nature of the proceedings, the cause of
action, the name, description and place of residence of the party by whom the
proceedings are to be instituted and the relief which the party claims.
249.
Legal proceedings
(1)
Any legal proceedings which, but for the Constitution, could have been brought
by or against the Federation in respect of a matter which, immediately before
the commencing day, was the responsibility of the Federation and has, under the
Constitution, become the responsibility of a Province, shall be brought by or
against the Province concerned; and if any such legal proceedings were pending
in any court immediately before the commencing day then, in those proceedings,
for the Federation the Province concerned shall, as from that day, be deemed to
have been substituted.
(2)
Any legal proceedings which, but for the Constitution, could have been brought
by or against a Province in respect of a matter which, immediately before the
commencing day, was the responsibility of the Province and has under the
Constitution become the responsibility of the Federation, shall be brought by
or against the Federation; and if any such legal proceedings were pending in
any court immediately before the commencing day then, in those proceedings, for
the Province the Federation shall, as from that day, be deemed to have been
substituted.
250.
Salaries, allowances, etc of the President etc.
(1)
Within two years from the commencing day, provision shall be made by law for
determining the salaries, allowances and privileges of the President, the
Speaker and Deputy Speaker and a member of the National Assembly or a
Provincial Assembly, the Chairman and Deputy Chairman and a member of the
Senate, the Prime Minister, a Federal Minister, a Minister of State,[192] a
Chief Minister, a Provincial Minister and the Chief Election Commissioner.
(2)
Until other provision is made by law,—
(a)
the salaries, allowances and privileges of the President, the Speaker or Deputy
Speaker or a member of the National Assembly or a Provincial Assembly, a
Federal Minister, a Minister of State, a Chief Minister, a Provincial Minister
and the Chief Election Commissioner shall be the same as the salaries,
allowances and privileges to which the President, the Speaker or Deputy Speaker
or a member of the National Assembly of Pakistan or a Provincial Assembly, a
Federal Minister, a Minister of State,[193] a Chief Minister, a Provincial Minister
or, as the case may be, the Chief Election Commissioner was entitled
immediately before the commencing day; and
(b)
the salaries, allowances and privileges of the Chairman, the Deputy Chairman,
the Prime Minister and a member of the Senate shall be such as the President
may by Order determine.
(3)
The salary, allowances and privileges of a person holding office as—
(a)
the President;
(b)
the Chairman or Deputy Chairman;
(c)
the Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
(d) a
Governor;
(e)
the Chief Election Commissioner; or
(f)
the Auditor-General;
shall
not be varied to his disadvantage during his term of office.
(4) At
any time when the Chairman or Speaker is acting as President, he shall be
entitled to the same salary, allowances and privileges as a President but shall
not exercise any of the functions of the office of Chairman or Speaker or a
member of Majlis-e-Shoora (Parliament) or be entitled to salary, allowances or
privileges as Chairman, Speaker or such a member.
251.
National language
(1)
The National language of Pakistan is Urdu, and arrangements shall be made for
its being used for official and other purposes within fifteen years from the
commencing day.
(2)
Subject to clause (1), the English language may be used for official purposes
until arrangements are made for its replacement by Urdu.
(3)
Without prejudice to the status of the National language, a Provincial Assembly
may by law prescribe measures for the teaching, promotion and use of a
provincial language in addition to the national language.
252.
Special provisions in relation to major ports and aerodromes
(1)
Notwithstanding anything contained in the Constitution or in any law, the
President may, by public notification, direct that, for a period not exceeding
three months from a specified date, a specified law, whether a Federal law or a
Provincial law, shall not apply to a specified major port or major aerodrome,
or shall apply to a specified major port or major aerodrome subject to
specified exceptions or modifications.
(2)
The giving of a direction under this Article in relation to any law shall not
affect the operation of the law prior to the date specified in the direction.
253.
Maximum limits as to property, etc.
(1)
Majlis-e-Shoora (Parliament) may by law—
(a)
prescribe the maximum limits as to property or any class thereof which may be
owned, held, possessed or controlled by any person; and
(b)
declare that any trade, business, industry or service specified in such law
shall be carried on or owned, to the exclusion, complete or partial, of other
persons, by the Federal Government or a Provincial Government, or by a
corporation controlled by any such Government.
(2)
Any law which permits a person to own beneficially or possess beneficially an
area of land greater than that which, immediately before the commencing day, he
could have lawfully owned beneficially or possessed beneficially shall be
invalid.
254.
Failure to comply with requirement as to time does not render an act invalid
When
any act or thing is required by the Constitution to be done within a particular
period and it is not done within that period, the doing of the act or thing
shall not be invalid or otherwise ineffective by reason only that it was not done
within that period.
255.
Oath of office
(1) An
oath required to be made by a person under the Constitution shall preferably be
made in Urdu or[194] a language that is understood by that person.
(2)
Where, under the Constitution, an oath is required to be made before a
specified person and, for any reason, it is impracticable for the oath to be
made before that person, it may be made before such other person as may be
nominated by that person.
(3)
Where, under the Constitution, a person is required to make an oath before he
enters upon an office, he shall be deemed to have entered upon the office on
the day on which he makes the oath.
256.
Private armies forbidden
No
private organisation capable of functioning as a military organisation shall be
formed, and any such organisation shall be illegal.
257.
Provision relating to the State of Jammu and Kashmir
When
the people of the State of Jammu and Kashmir decide to accede to Pakistan, the
relationship between Pakistan and that State shall be determined in accordance
with the wishes of the people of that State.
258.
Government of territories outside Provinces
Subject
to the Constitution, until Majlis-e-Shoora (Parliament) by law otherwise
provides, the President may, by Order, make provision for peace and good
government of any part of Pakistan not forming part of a Province.
259.
Awards
(1) No
citizen shall accept any title, honour or decoration from any foreign State
except with the approval of the Federal Government.
(2) No
title, honour or decoration shall be conferred by the Federal Government or any
Provincial Government on any citizen, but the President may award decorations
in recognition of gallantry, meritorious service in the Armed Forces, academic
distinction or distinction in the field of sports or nursing, as provided by
Federal law.
(3)
All titles, honours and decorations awarded to citizens by any authority in
Pakistan before the commencing day otherwise than in recognition of gallantry,
meritorious service in the Armed Forces or academic distinction shall stand
annulled.[195]
CHAPTER
5
Interpretation
260.
Definitions
(1) In
the Constitution, unless the context otherwise requires, the following
expressions have the meaning hereby respectively assigned to them, that is to
say,—
“Act
of Majlis-e-Shoora (Parliament)” means an Act passed by Majlis-e-Shoora
(Parliament) or the National Assembly and assented to, or deemed to have been
assented to, by the President;
“Act
of Provincial Assembly” means an Act passed by the Provincial Assembly of a
Province and assented to, or deemed to have been assented to, by the Governor;
“agricultural
income” means agricultural income as defined for the purposes of the law
relating to income-tax;
“Article”
means Article of the Constitution;
“borrow”
includes the raising of money by the grant of annuities, and “loans” shall be
construed accordingly;
“Chairman”
means the Chairman of the Senate and, except in Article 49, includes a person
acting as Chairman of the Senate;
“Chief
Justice”, in relation to the Supreme Court or a High Court, includes the Judge
for the time being acting as Chief Justice of the Court;[196]
“citizen”
means a citizen of Pakistan as defined by law;
“clause”
means clause of the Article in which it occurs;
“consultation”
shall, save in respect of appointments of Judges of the Supreme Court and High
Courts, mean discussion and deliberation which shall not be binding on the
President;[197]
“corporation
tax” means any tax on income that is payable by companies and in respect of
which the following conditions apply:—
(a)
the tax is not chargeable in respect of agricultural income;
(b) no
deduction in respect of the tax paid by companies is, by any law which may
apply to the tax, authorised to be made from dividends payable by the companies
to individuals;
(c) no
provision exists for taking the tax so paid into account in computing for the
purposes of income-tax the total income of individual receiving such dividends,
or in computing the income-tax payable by, or refundable to, such individuals;
“debt”
includes any liability in respect of any obligation to repay capital sums by
way of annuities and any liability under any guarantee, and “debt charges”
shall be construed accordingly;
“estate
duty” means a duty assessed on, or by reference to, the value of property
passing upon death;
“existing
law” has the same meaning as in clause (7) of Article 268;
“Federal
law” means a law made by or under the authority of Majlis-e-Shoora (Parliament);
“financial
year” means a year commencing on the first day of July;
“goods”
includes all materials, commodities and articles;
“Governor”
means the Governor of a Province and includes any person for the time being
acting as the Governor of a Province;
“guarantee”
includes any obligation undertaken before the commencing day to make payments
in the event of the profits of an undertaking falling short of a specified
amount;
“House”
means the Senate or the National Assembly;
“Joint
sitting” means a joint sitting of the two Houses;
“Judge”
in relation to the Supreme Court or a High Court, includes the Chief Justice of
the Court and also includes—
(a) in
relation to the Supreme Court, a person who is acting as a Judge of the Court;
and
(b) in
relation to the High Court, a person who is an Additional Judge of the Court;
“members
of the Armed Forces” does not include persons who are not, for the time being,
subject to any law relating to the members of the Armed Forces;
“net
proceeds” means, in relation to any tax or duty, the proceeds thereof, reduced
by the cost of collection, as ascertained and certified by the Auditor-General;
“oath”
includes affirmation;
“Part”
means Part of the Constitution;
“pension”
means a pension, whether contributory or not, of any kind whatsoever payable
to, or in respect of, any person and includes retired pay so payable, a
gratuity so payable, and any sum or sums so payable by way of the return, with
or without interest thereon or any addition thereto, of subscriptions to a
provident fund;
“person”
includes any body politic or corporate;
“President”
means the President of Pakistan and includes a person for the time being acting
as, or performing the functions of, the President of Pakistan and, as respects
anything required to be done under the Constitution before the commencing day,
the President under the Interim Constitution of the Islamic Republic of
Pakistan;
“Property”
includes any right, title or interest in property, movable or immovable, and
any means and instruments of production;
“Provincial
law” means a law made by or under the authority of the Provincial Assembly;
“remuneration”
includes salary and pension;
“Schedule”
means Schedule to the Constitution;
“security
of Pakistan” includes the safety, welfare, stability and integrity of Pakistan
and of each part of Pakistan, but shall not include public safety as such;
“service
of Pakistan” means any service, post or office in connection with the affairs
of the Federation or of a Province, and includes an All-Pakistan Service,
service in the Armed Forces and any other service declared to be a service of
Pakistan by or under Act of Majlis-e-Shoora (Parliament) or of a Provincial
Assembly, but does not include service as Speaker, Deputy Speaker, Chairman,
Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief
Minister, Provincial Minister, [Attorney-General, Advocate-General,
Parliamentary Secretary or Chairman or member of a Law Commission, Chairman or
member of the Council of Islamic Ideology, Special Assistant to the Prime
Minister, Adviser to the Prime Minister, Special Assistant to a Chief Minister,
Adviser to a Chief Minister or member of a House or a Provincial Assembly;[198]
“Speaker”
means the speaker of the National Assembly or a Provincial Assembly, and
includes any person acting as the Speaker of the Assembly;
“taxation”
includes the imposition of any tax or duty, whether general, local or special,
and “tax” shall be construed accordingly;
“tax
on income” includes a tax in the nature of an excess profits tax or a business
profits tax.
(2) In
the Constitution “Act of Majlis-e-Shoora (Parliament)” or “Federal law” or “Act
of Provincial Assembly” or “Provincial law” shall include an Ordinance
promulgated by the President or, as the case may be, a Governor.
(3) In
the Constitution and all enactments and other legal instruments, unless there
is anything repugnant in the subject or context,—
(a)
“Muslim” means a person who believes in the unity and oneness of Almighty
Allah, in the absolute and unqualified finality of the Prophethood of Muhammad
(peace be upon him), the last of the prophets, and does not believe in, or
recognize as a prophet or religious reformer, any person who claimed or claims
to be a prophet, in any sense of the word or of any description whatsoever,
after Muhammad (peace be upon him); and
(b)
“non-Muslim” means a person who is not a Muslim and includes a person belonging
to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the
Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any
other name), or a Bahai, and a person belonging to any of the scheduled
castes.[199]
261.
Person acting in office not to be regarded as successor to previous occupant of
office, etc.
For
the purposes of the Constitution, a person who acts in an office shall not be
regarded as the successor to the person who held that office before him or as
the predecessor to the person who holds that office after him.
262.
Gregorian calendar to be used
For
the purposes of the Constitution, periods of time shall be reckoned according
to the Gregorian calendar.
263.
Gender and number
In the
Constitution,—
(a)
words importing the masculine gender shall be taken to include females; and
(b)
words in the singular shall include the plural, and words in the plural shall
include the singular.
264.
Effect of 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,—
(a)
revive anything not in force or existing at the time at which the repeal takes
effect;
(b)
affect the previous operation of the law or anything duly done or suffered
under the law;
(c)
affect any right, privilege, obligation or liability acquired, accrued or
incurred under the law;
(d)
affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against the law; or
(e)
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 be imposed, as
if the law had not been repealed.
CHAPTER
6
Title,
Commencement and Repeal
265.
Title of Constitution and commencement
(1)
This Constitution shall be known as the Constitution of the Islamic Republic of
Pakistan.
(2)
Subject to clauses (3) and (4), the Constitution shall come into force on the
fourteenth day of August, one thousand nine hundred and seventy-three or on
such earlier day as the President may, by notification in the official Gazette,
appoint, in the Constitution referred to as the “commencing day”.
(3)
The Constitution shall, to the extent necessary—
(a)
for the constitution of the first Senate;
(b)
for the first meeting of a House or a joint sitting to be held;
(c)
for the election of the President and the Prime Minister to be held; and
(d) to
enable any other thing to be done which, for the purposes of the Constitution, it
is necessary to do before the commencing day,
come
into force upon the enactment of the Constitution, but the person elected as
President or Prime Minister shall not enter upon his office before the
commencing day.
(4)
Where by the Constitution a power is conferred to make rules or to issue orders
with respect to the enforcement of any provision thereof, or with respect to
the establishment of any court or office, or the appointment of any Judge or
officer thereunder, or with respect to the person by whom, or the time when, or
the place where, or the manner in which, anything is to be done under any such
provision, then that power may be exercised at any time between the enactment
of the Constitution and its commencement.
266.
Repeal
The
Interim Constitution of the Islamic Republic of Pakistan, together with the
Acts and President’s Orders making omissions from, additions to, modifications
of, or amendments in, that Constitution is hereby repealed.
CHAPTER
7
Transitional
267.
Power of President to remove difficulties
(1) At
any time before the commencing day or before the expiration of three months
from the commencing day, the President may, for the purpose of removing any
difficulties, or for bringing the provisions of the Constitution into effective
operation, by Order, direct that the provisions of the Constitution shall,
during such period as may be specified in the Order, have effect, subject to
such adaptations, whether by way of modification, addition or omission, as he
may deem to be necessary or expedient.
(2) An
Order made under clause (1) shall be laid before both Houses without undue
delay, and shall remain in force until a resolution disapproving it is passed
by each House or, in case of disagreement between the two Houses, until such
resolution is passed at a joint sitting.
268.
Continuance in force, and adaptation of, certain laws
(1)
Except as provided by this Article, all existing laws shall, subject to the
Constitution, continue in force, so far as applicable and with the necessary
adaptations, until altered, repealed or amended by the appropriate Legislature.
(2)
The laws specified in the Sixth Schedule shall not be altered, repealed or
amended expressly or impliedly without the previous sanction of the President
accorded after consultation with the Prime Minister:[200]
Provided
that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule
shall stand omitted after six years.[201]
(3)
For the purpose of bringing the provisions of any existing law into accord with
the provisions of the Constitution (other than Part II of the Constitution),
the President may by Order, within a period of two years from the commencing
day, make such adaptations, whether by way of modification, addition or
omission, as he may deem to be necessary or expedient, and any such Order may
be made so as to have effect from such day, not being a day earlier than the
commencing day, as may be specified in the Order.
(4)
The President may authorise the Governor of a Province to exercise, in relation
to the Province, the powers conferred on the President by clause (3) in respect
of laws relating to matters with respect to which the Provincial Assembly has
power to make laws.
(5)
The powers exercisable under clause (3) and (4) shall be subject to the
provisions of an Act of the appropriate Legislature.
(6)
Any court, tribunal or authority required or empowered to enforce an existing
law shall, notwithstanding that no adaptations have been made in such law by an
Order made under clause (3) or clause (4), construe the law with all such
adaptations as are necessary to bring it into accord with the provisions of the
Constitution.
(7) In
this Article, “existing laws” means all laws (including Ordinances,
Orders-in-Council, Orders, rules, bye-laws, regulations and Letters Patent
constituting a High Court, and any notifications and other legal instruments
having the force of law) in force in Pakistan or any part thereof, or having
extra-territorial validity, immediately before the commencing day.
Explanation.—In
this Article, “in force”, in relation to any law, means having effect as law
whether or not the law has been brought into operation.
269.
Validation of laws, acts, etc.
(1)
All Proclamations, President’s Orders, Martial Law Regulations, Martial Law
Orders and all other laws made between the twentieth day of December, one
thousand nine hundred and seventy-one and the twentieth day of April, one
thousand nine hundred and seventy-two (both days inclusive), are hereby
declared notwithstanding any judgment of any court, to have been validly made
by competent authority and shall not be called in question in any court on any
ground whatsoever.
(2)
All orders made, proceedings taken and acts done by any authority, or by any
person, which were made, taken or done, or purported to have been made, taken
or done, between the twentieth day of December, one thousand nine hundred and
seventy-one, and the twentieth day of April, one thousand nine hundred and
seventy-two (both days inclusive), in exercise of the powers derived from any
President’s Orders, Martial Law Regulations, Martial Law Orders, enactments,
notifications, rules, orders or bye-laws, or in execution of any orders made or
sentences passed by any authority in the exercise or purported exercise of
powers as aforesaid, shall, notwithstanding any judgment of any court, be
deemed to be and always to have been validly made, taken or done and shall not
be called in question in any court on any ground whatsoever.
(3) No
suit or other legal proceedings shall lie in any court against any authority or
any person for or on account of or in respect of any order made, proceedings
taken or act done whether in the exercise or purported exercise of the powers
referred to in clause (2) or in execution of or in compliance with orders made
or sentences passed in exercise or purported exercise of such powers.
270.
Temporary validation of certain laws, etc.
(1)
Majlis-e-Shoora (Parliament) may by law made in the manner prescribed for
legislation for a matter in Part I of the Federal Legislative List validate all
Proclamations, President’s Orders, Martial law Regulations, Martial Law Orders
and other laws made between the twenty-fifth day of March, one thousand nine
hundred and sixty-nine, and the nineteenth day of December, one thousand nine
hundred and seventy-one (both days inclusive).
(2)
Notwithstanding a judgment of any court, a law made by Majlis-e-Shoora
(Parliament) under clause (1) shall not be questioned in any court on any
ground, whatsoever.
(3)
Notwithstanding the provisions of clause (1), and a judgment of any court to
the contrary, for a period of two years from the commencing day, the validity of
all such instruments as are referred to in clause (1) shall not be called in
question before any court on any ground whatsoever.
(4)
All orders made, proceedings taken, and acts done by any authority, or any
person, which were made, taken or done, or purported to have been made, taken
or done, between the twenty-fifth day of March, one thousand nine hundred and
sixty-nine and nineteenth day of December, one thousand nine hundred and
seventy-one (both days inclusive), in exercise of powers derived from any
President’s Orders, Martial Law Regulations, Martial Law Orders, enactments,
notifications, rules, orders or bye-laws, or in execution of any order made or
sentence passed by any authority in the exercise or purported exercise of power
as aforesaid shall, notwithstanding any judgment of any court, be deemed to be
and always to have been validly made, taken or done, so however that any such
order proceeding or act may be declared invalid by Majlis-e-Shoora (Parliament)
at any time within a period of two years from the commencing day by resolution
of both Houses, or in case of disagreement between the two Houses, by such
resolution passed at a joint sitting and shall not be called in question before
any court on any ground, whatsoever.
270A.
Affirmation of President’s Orders, etc.[202]
(1)
The Proclamation of the fifth day of July, 1977, all President’s Orders,
Ordinances, Martial Law Regulations, Martial Law Orders, including the
Referendum Order, 1984 (P.O. No. 11 of 1984), under which, in consequence of
the result of the referendum held on the nineteenth day of December, 1984,
General Muhammad Zia-ul-Haq became the President of Pakistan on the day of the
first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term
specified in clause (7) of Article 41, the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order,
1985 (P.O. No.20 of 1985), the Constitution (Third Amendment) Order, 1985 (P.O.
No. 24 of 1985), and all other laws made between the fifth day of July 1977,
and the date on which this Article comes into force are hereby affirmed,
adopted and declared, notwithstanding any judgment of any court, to have been
validly made by competent authority and, notwithstanding anything contained in
the Constitution, shall not be called in question in any court on any ground
whatsoever:
Provided
that a President’s Order, Martial Law Regulation or Martial Law Order made
after the thirtieth day of September, 1985, shall be confined only to making
such provisions as facilitate, or are incidental to, the revocation of the
Proclamation of the fifth day of July, 1977.
(2)
All orders made, proceedings taken and acts done by any authority or by any
person, which were made, taken or done, or purported to have been made, taken
or done, between the fifth day of July, 1977, and the date on which this
Article comes into force, in exercise of the powers derived from any
Proclamation, President’s Orders Ordinances, Martial Law Regulations, Martial
Law Orders, enactment’s, notifications, rules orders or bye-laws, or execution
of or in compliance with any order made or sentence passed by any authority in
the exercise or purported exercise of powers as aforesaid, shall,
notwithstanding any judgment of any court, be deemed to be and always to have
been validly made, taken or done and shall not be called in question in any
court on any ground whatsoever.
(3)
All President’s Orders, Ordinances, Martial Law Regulations, Martial Law
Orders, enactment’s notification, rules, orders or bye-laws in to force
immediately before the date on which the this Article comes in force shall
continue in force until altered, repealed or amended by competent authority.
Explanation.—In
this clause, “competent authority” means,—
(a) in
respect of President’s Orders, Ordinances, Martial Law Regulations, Martial Law
Orders and enactments, the appropriate Legislature; and
(b) in
respect of notifications, rules, orders and bye-laws, the authority in which
the power to make, alter, repeal or amend the same vests under the law.
(4) No
suit, prosecution or other legal proceedings shall lie in any court against any
authority or any person, for or on account of or in respect of any order made,
proceedings taken or act done whether in the exercise or purported exercise of
the powers referred to in clause (2) or in execution of or in compliance with
orders made or sentences passed in exercise or purported exercise of such
powers.
(5)
For the purpose of clauses (1), (2) and (4), all orders made, proceedings
taken, acts done or purporting to be made, taken or done by any authority or
person shall be deemed to have been made, taken or done in good faith and for
the purpose intended to be served thereby.
(6)
Such of the President’s Orders and Ordinances referred to in clause (1) as are
specified in the Seventh Schedule may be amended in the manner provided for
amendment of the Constitution, and all other laws referred to in the said
clause may be amended by the appropriate Legislature in the manner provided for
amendment of such laws.
Explanation.—In
this Article “President’s Orders” includes “President and Chief Martial Law
Administrator’s Orders” and “Chief Martial Law Administrator’s Orders”.
270AA.
Validation and Affirmation of Laws etc.[203]
(1)
The Proclamation of Emergency of the fourteenth day of October, 1999, all
President’s Orders, Ordinances, Chief Executive’s Orders, including the
Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges)
Order, 2000 (No. 1 of 2000), Chief Executive’s Order No. 12 of 2002, the
amendments made in the Constitution through the Legal Framework Order, 2002
(Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment)
Order, 2002 (Chief Executive’s Order No. 29 of 2002), the Legal Framework (Second
Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002) and all other
laws made between the twelfth day of October, one thousand nine hundred and
ninety-nine and the date on which this Article comes into force (both days
inclusive), having been duly made or accordingly affirmed, adopted and declared
to have been validly made by the competent authority and notwithstanding
anything contained in the Constitution shall not be called in question in any
court or forum on any ground whatsoever.
(2)
All orders made, proceedings taken, appointments made, including secondments
and deputations, and acts done by any authority, or by any person, which were
made, taken or done, or purported to have been made, taken or done, between the
twelfth day of October, one thousand nine hundred and ninety-nine, and the date
on which this Article comes into force (both days inclusive), in exercise of
the powers derived from any Proclamation, President’s Orders, Ordinances, Chief
Executive’s Orders, enactments, including amendments in the Constitution,
notifications, rules, orders, bye-laws or in execution of or in compliance with
any orders made or sentences passed by any authority in the exercise or
purported exercise of powers as aforesaid, shall, notwithstanding any judgment
of any court, be deemed to be and always to have been validly made, taken or
done and shall not be called in question in any court or forum on any ground
whatsoever.
(3)
All Proclamations, President’s Orders, Ordinances, Chief Executive’s Orders,
laws, regulations, enactments, including amendments in the Constitution,
notification, rules, orders or bye-laws in force immediately before the date on
which this Article comes into force shall continue in force, until altered,
repealed or amended by the competent authority.
Explanation.—In
this clause, “competent authority” means—
(a) in
respect of President’s Orders, Ordinances, Chief Executive’s Orders and
enactments, including amendments in the Constitution, the appropriate
Legislature; and
(b) in
respect of notifications, rules, orders and bye-laws, the authority in which
the power to make, alter, repeal or amend the same vests under the law.
(4) No
suit, prosecution or other legal proceedings, including writ petitions, shall
lie in any court or forum against any authority or any persons, for or on
account of or in respect of any order made, proceedings taken or act done
whether in the exercise or purported exercise of the powers referred to in
clause (2) or in execution of or in compliance with orders made or sentences
passed in exercise or purported exercise of such powers.
(5)
For the purposes of clauses (1), (2) and (4), all orders made, proceedings
taken, appointments made, including secondments and deputations, acts done or
purporting to be made, taken or done by any authority or person shall be deemed
to have been made, taken or done in good faith and for the purpose intended to
be served thereby.
270B.
Elections to be deemed to be held under Constitution
Notwithstanding
anything contained in the Constitution, the elections held under the Houses of
(Parliament) and Provincial Assemblies (Elections) Order, 1977, and the Conduct
of General Election Order, 2002 (Chief Executive’s Order No. 7 of 2002)[204] to
the Houses and the Provincial Assemblies shall be deemed to have been held
under the Constitution and shall have effect accordingly.
270C.
Oath of Office of Judges etc.[205]
Notwithstanding
anything contained in the Constitution, all persons appointed as Judges of the
Supreme Court, High Court and Federal Shariat Court who have taken oath under
the Oath of Office (Judges) Order, 2000 (1 of 2000), or not having been given
or taken oath under the Order have ceased to continue to held the office of a
Judge shall be deemed to have been appointed or ceased to continue to hold such
office, as the case may be, under the Constitution and such appointment or
cessation of office shall have effect accordingly.
271.
First National Assembly[206]
(1)
Notwithstanding anything contained in the Constitution, but subject to Article
63, Article 64 and Article 223,—
(a)
the first National Assembly shall consist of—
(i)
persons who have taken oath in the National Assembly of Pakistan existing
immediately before the commencing day; and
(ii)
the persons to be elected in accordance with law by the members of the Assembly
to fill the seats referred to in clause (2A) of Article 51,
and,
unless sooner dissolved, shall continue until the fourteenth day of August, one
thousand nine hundred and seventy-seven; and reference to ‘total membership’ of
National Assembly in the Constitution shall be construed accordingly;[207]
(b)
the qualification and disqualifications for being elected and being a member of
the first National Assembly shall, except in case of members filling casual
vacancies, or to be elected to the additional seats referred to in clause (2A)
of Article 51,[208] after the commencing day, be the same as under the Interim
Constitution of the Islamic Republic of Pakistan:
Provided
that no person holding an office of profit in the service of Pakistan shall
continue to be a member of the first National Assembly after the expiration of
three months from the commencing day.
(2) If
a person referred to in paragraph (a) of clause (1) is, immediately before the
commencing day, also a member of a Provincial Assembly, he shall not take a
seat in the National Assembly or the Provincial Assembly until he resigns one
of his seats.
(3) A
casual vacancy in a seat in the first National Assembly, including a vacancy in
a seat in the National Assembly of Pakistan existing before the commencing day
which was not filled before that day, caused by reason of death or resignation
of a member or consequent upon his incurring a disqualification or ceasing to
be a member as a result of the final decision of an election petition may be
filled in the same manner in which it would have been filled before the
commencing day.
(4) A
person referred to in paragraph (a) of clause (1) shall not sit or vote in the
National Assembly until he has made the oath prescribed by Article 65 and, if,
without the leave of the Speaker of the National Assembly granted on reasonable
cause shown, he fails to make the oath within twenty one days from the day of
the first meeting of the Assembly, his seat shall become vacant at the expiration
of that period.
272.
First Constitution of Senate[209]
Notwithstanding
anything contained in the constitution, but subject to Article 63 and[210]
Article 223,—
(a)
the Senate shall, until the first National Assembly under the Constitution
continues in existence, consist of forty-five members and the provisions of
Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for
the word “fourteen” the word “ten” and in paragraph (b) of that clause for the
word “five” the word “three”, were substituted, and reference to “total
membership” of the Senate in the Constitution shall be construed accordingly;
(b)
the members elected or chosen as members of the Senate shall be divided into
two groups by drawing of lots, the first group consisting of five members from
each Province, two members from the Federally Administered Tribal Areas and one
member from the Federal Capital and the second group consisting of five members
from each province one member from the said Areas and one member from the
Federal Capital;
(c)
the term of office of members of the first group and of the second group shall
respectively be two years and four years;
(d)
the term of office of persons elected or chosen to succeed the members of the
Senate at the expiration of their respective terms shall be four years;
(e)
the term of office of a person elected or chosen to fill a casual vacancy shall
be the unexpired term of the member whose vacancy he is elected or chosen to
fill;
(f) as
soon as the first general election to the National assembly is held, there
shall be elected to the Senate four additional members from each province and
two additional members from the Federally Administered tribal areas; and
(g)
the term of office of such half of the members elected under paragraph (f) as
may be determined by drawing of lots shall be the unexpired term of office of
the members of the first group and the term of office of the other half shall be
the unexpired term of the members of the second group.
273.
First Provincial Assembly[211]
(1)
Notwithstanding anything contained in the constitution, but subject to Article
63,[212] Article 64 and Article 223,—
(a)
the first Assembly of a Province under the Constitution shall consist of—
(i)
the members of the Assembly of that Province in existence immediately before
the commencing day, and
(ii)
the additional members to be elected in accordance with law by the members of
the Assembly to fill the seats referred to in clause (3) of Article 106,
and,
unless sooner dissolved, shall continue until the fourteenth day of August, one
thousand nine hundred and seventy-seven; and reference to “total membership” of
the Assembly of a Province in the Constitution shall be construed
accordingly;[213]
(b)
the qualifications and disqualifications for membership of the first Assembly
of a Province shall, except in case of members filling casual vacancies, or to
be elected to the additional seats referred to in clause (3) of Article
106,[214] after the commencing day, be the same as were provided in the Interim
Constitution of the Islamic Republic of Pakistan:
Provided
that no person holding an office of profit in the service of Pakistan shall
continue to be a member of the Assembly after the expiration of three months
from the commencing day.
(2) A
casual vacancy in a seat in the first Assembly of a Province, including a
vacancy in a seat in the Assembly of that Province in existence immediately
before the commencing day which was not filled before that day, caused by
reason of death or resignation of a member or consequent upon his incurring a
disqualification or ceasing to be a member as a result of the final decision of
an election petition may be filled in the same manner in which it would have
been filled before the commencing day.
(3) A
member referred to in paragraph (a) of clause (1) shall not sit or vote in the
Provincial Assembly until he has made the oath prescribed by Article 65 read
with Article 127 and, if, without leave of the Speaker of the Provincial
Assembly granted on reasonable cause shown, he fails to make the oath within
twenty-one days from the day of the first meeting of the Provincial Assembly,
his seat shall become vacant at the expiration of that period.
274.
Vesting of property, assets, rights, liabilities and obligations
(1)
All property and assets which, immediately before the commencing day, were
vested in the President or the Federal Government shall, as from that day, vest
in the Federal Government unless they were used for purposes which, on that
day, became purposes of the Government of a Province, in which case they shall,
as from that day, vest in the Government of the Province.
(2)
All property and assets which, immediately before the commencing day, were
vested in the Government of a Province, shall, as from that day, continue to be
vested in the Government of that Province, unless they were used for purposes,
which on that day, became purposes of the Federal Government in which case they
shall, as from that day, vest in the Federal Government.
(3)
All rights, liabilities and obligations of the Federal Government or of the
Government of a Province, whether arising out of contract or otherwise, shall
as from the commencing day, continue to be respectively the rights, liabilities
and obligations of the Federal Government or of the Government of the Province,
except that—
(a)
All rights, liabilities and obligations relating to any matter which,
immediately before that day, was the responsibility of the Federal Government,
but which under the Constitution, has become the responsibility of the
Government of a Province, shall devolve upon the Government of that province;
and
(b)
All rights, Liabilities and obligations relating to any matter which, immediately
before that day, was the responsibility of the Government of a Province, but
which under the Constitution, has become the responsibility of the Federal
Government, shall devolve upon the Federal Government.
275.
Continuance in office of persons in service of Pakistan, etc.
(1)
Subject to the Constitution and until law is made under Article 240 any person
who, immediately before the commencing day, was in the service of Pakistan
shall, as from that day, continue in the service of Pakistan on the same terms
and conditions as were applicable to him under the Interim Constitution of the
Islamic Republic of Pakistan immediately before that day.
(2)
Clause (1) shall also apply in relation to a person holding office immediately
before the commencing day as—
(a)
Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice
or other Judge of a High Court;
(b)
Governor of a Province;
(c)
Chief Minister of a Province;
(d)
Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
(e)
Chief Election Commissioner;
(f)
Attorney-General for Pakistan or Advocate-General for a Province;
(g)
Auditor-General of Pakistan.
(3)
Notwithstanding anything contained in the constitution, for a period of six
months from the commencing day, a Federal Minister or a Minister of State or
the Chief Minister of a Province or a Provincial Minister may be a person who
in not a member of Majlis-e-Shoora (Parliament) or, as the case may be, the
Provincial Assembly of that Province; and such Chief Minister and Provincial
Minister shall have the right to speak and otherwise take part in the
proceedings of the Provincial Assembly or any committee thereof of which he may
be named a member, but shall not by virtue of this clause be entitled to vote.
(4)
Any person who, under this Article, is continued in an office in respect of
which a form of oath is set out in the Third Schedule shall, as soon as is
practicable after the commencing day make before the appropriate person oath in
that form.
(5)
Subject to the Constitution and law—
(a)
all civil, criminal and revenue courts exercising jurisdiction and functions
immediately before the commencing day shall, as from that day, continue to
exercise their respective jurisdictions and functions; and
(b)
all authorities and all offices (whether judicial, executive, revenue or
ministerial) throughout Pakistan exercising functions immediately before the
commencing day shall, as from that day, continue to exercise their respective
functions.
276.
Oath of first President
Notwithstanding
anything contained in the Constitution, the first President may, in the absence
of the Chief Justice of Pakistan, make the oath referred to in Article 42
before the Speaker of the National Assembly.
277.
Transitional financial, provisions
(1)
The schedule or authorized expenditure authenticated by the President for the
financial year ending on the thirtieth day of June, one thousand nine hundred
and seventy four, shall continue to remain a valid authority for expenditure
from the Federal Consolidated Fund for that year.
(2)
The President may, in respect of expenditure of the Federal Government for any
financial year preceding the financial year commencing on the first day of
July, one thousand nine hundred and seventy-three (being expenditure in excess
of the authorized expenditure for that year), authorize the withdrawal of
moneys from the Federal Consolidated Fund.
(3)
The provisions of clauses (1) and (2) shall apply to and in relation to a
province, and for that purpose—
(a)
any reference in those provisions to the President shall be read as a reference
to the Governor of the Province;
(b)
any reference in those provisions to the Federal Government shall be read as a
reference to the Government of the Province; and
(c)
any reference in those provisions to the Federal Consolidated Fund shall be
read as a reference to the Provincial Consolidated Fund of the Province.
278.
Accounts not audited before commencing day
The
Auditor-General shall perform the same functions and exercise the same powers
in relation to accounts which have not been completed or audited before the
commencing day as by virtue of the Constitution, he is empowered to perform or
exercise in relation to other accounts, and Article 171 shall, with the necessary
modifications, apply accordingly.
279.
Continuance of taxes
Notwithstanding
anything contained in the Constitution, all taxes and fees levied under any law
in force immediately before the commencing day shall continue to be levied
until they are varied or abolished by Act of the appropriate Legislature.
280.
Continuance of Proclamation of Emergency
The
Proclamation of Emergency issued on the twenty-third day of November, one
thousand nine hundred and seventy-one, shall be deemed to be a proclamation of
Emergency issued under Article 232, and for the purposes of clause (7) and
clause (8) thereof to have been issued on the commencing day, and any law, rule
or order made or purporting to have been made in pursuance of that proclamation
shall be deemed to have been validly made and shall not be called in question
in any Court on the ground of inconsistency with any of the rights conferred by
Chapter I of Part II.[215]
ANNEX[216]
(Article
2A)
The
Objectives Resolution
(In
the name of Allah, the most beneficent, the most merciful.)
Whereas
sovereignty over the entire universe belongs to Allah Almighty alone and the
authority which He has delegated to the State of Pakistan, through its people
for being exercised within the limits prescribed by Him is a sacred trust;
This
Constituent Assembly representing the people of Pakistan resolves to frame a
constitution for the sovereign independent State of Pakistan;
Wherein
the State shall exercise its powers and authority through the chosen
representatives of the people;
Wherein
the principles of democracy, freedom, equality, tolerance and social justice as
enunciated by Islam shall be fully observed;
Wherein
the Muslims shall be enabled to order their lives in the individual and
collective spheres in accordance with the teachings and requirements of Islam
as set out in the Holy Quran and the Sunnah;
Wherein
adequate provision shall be made for the minorities to profess and practice
their religions and develop their culture;
Wherein
the territories now included in or in accession with Pakistan and such other
territories as may hereafter be included in or accede to Pakistan shall form a
Federation wherein the units will be autonomous with such boundaries and
limitations on their powers and authority as may be prescribed;
Wherein
shall be guaranteed fundamental rights including equality of status, of
opportunity and before law, social, economic and political justice, and freedom
of thought, expression, belief, faith, worship and association, subject to law
and public morality;
Wherein
adequate provision shall be made to safeguard the legitimate interests of
minorities and backward and depressed classes;
Wherein
the independence of the judiciary shall be fully secured;
Wherein
the integrity of the territories of the Federation, its independence and all
its rights including its sovereign rights on land, sea and air shall be
safeguarded;
So
that the people of Pakistan may prosper and attain their rightful and honoured
place amongst the nations of the World and make their full contribution towards
international peace and progress and happiness of humanity.
FIRST
SCHEDULE
Laws
exempted from the operation of Article 8 (1) and (2)[217]
[Article
8(3)(b) and (4)]
PART I
I.
President’s Orders
1. The
Acceding State (Property) Order, 1961 (P.O. No. 12 of 1961).
2. The
Economic Reforms Order, 1972 (P.O. No. 1 of 1972).
II.
Regulations
1. The
Land Reforms Regulation, 1972.
2. The
Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
3. The
Economic Reforms (Protection of Industries) Regulation, 1972.
4. The
Distribution of Property (Chitral) Regulation, 1974 (II of 1974).
5. The
Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of
1974).
6. The
Dir and Swat (Devolution and Distribution of Property and Settlement of
Disputes of Immovable Property) (Amendment) Regulation, 1975 (II of 1975).
7. The
Settlement of Disputes of Immovable Property (Chitral) (Amendment) Regulation,
1976 (II of 1975).[218]
III.
Federal Acts
1. The
Land Reforms (Amendment) Act, 1974 (XXX of 1974).
2. The
Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).
3. The
Flour Milling Control and Development Act, 1976 (LVII of 1976).
4. The
Rice Milling Control and Development Act, 1976 (LVIII of 1976).
5. The
Cotton Ginning Control and Development Act, 1976 (LIX of 1976).[219]
IV.
Ordinances Promulgated by the President
The
Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act
enacted to replace the said Ordinance.
V.
Provincial Acts
1. The
Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974).
2. The
Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan
Act VII of 1975).
VI.
Provincial Ordinance[220]
The
Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.
PART II
I.
President’s Orders
1. The
Minerals (Acquisition and Transfer) Order, 1961 (P.O. No. 8 of 1961).
2. The
Companies (Managing Agency and Election of Directors) Order, 1972 (P.O. No.2 of
1972).
3. The
Co-operative Societies (Reforms) Order, 1972 (P.O. No.9 of 1972).
4. The
Life Insurance (Nationalization) Order, 1972 (P.O. No.10 of 1972).
5. The
Martial Law (Pending Proceedings) Order, 1972 (P.O. No.14 of 1972).
6. The
Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order,
1972 (P.O. No.15 of 1972).
7. The
Industrial Sanctions and Licences (Cancellation) Order, 1972 (P.O. No.16 of
1972).
8. The
Criminal Law Amendment (Special Court) Order, 1972 (P.O. No.20 of 1972).
II.
Regulations
1. The
Rawalpindi (Requisition of Property) Regulation, 1959.
2. The
Pakistan Capital Regulation, 1960.
3. The
Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4. The
Income Tax (Correction of Returns and False Declaration) Regulation, 1969.
5. The
Improper Acquisition of Property Regulation, 1969.
6. The
Removal from Service (Special Provisions) Regulation, 1969.
7. The
Living Beyond Ostensible Means (Punishment) Regulation, 1969.
8. The
Government Agricultural land (Recovery of Illegal Possession) Regulation, 1969.
9. The
Enemy Property (Payment of Money Due to Enemy) Regulation, 1970.
10.
The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
11.
The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
12. The
Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
13.
The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation,
1971.
14.
The Foreign Exchange Repatriation Regulation, 1972.
15.
The Foreign Assets (Declaration) Regulation, 1972.
16.
The Removal from Service (Review Petition) Regulation, 1972.
17.
The Privately Managed School and Colleges (Taking Over) Regulation, 1972.
18.
The Enemy Property (Revocation of Sales) Regulation, 1972.
19.
The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.
20.
The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation,
1972.
21.
The West Pakistan Industrial Development Corporation (Revocation of Sale or
Transfer) Regulation, 1972.
22.
The National Press Trust (Suspension of Board of Trustees and Directors)
Regulation, 1972.
23.
The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972.
24.
The Co-operative Societies (Repayment of Loans) (Sind) Regulation, 1972.
III.
Ordinances Promulgated by the President
1. The
Control of Shipping Ordinance, 1959 (XIII of 1959).
2. The
Jammu and Kashmir (Administration of Property) Ordinance, 1961 (III of 1961).
3. The
Muslim Family Laws Ordinance, 1961 (VIII of 1961).
4. The
Security of Pakistan (Amendment) Ordinance, 1961 (XIV of 1961).
5. The
Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961).
6. The
Trade Organisations Ordinance, 1961 (XLV of 1961).
IV.
Federal Acts
The
Censorship of Films Act, 1963 (XVIII of 1963).
V.
Ordinances Promulgated by the Governor of Former Province of West Pakistan
1. The
West Pakistan Government Educational and Training Institutions Ordinance, 1960
(W.P. Ordinance No. XI of 1960).
2. The
West Pakistan Wakf Properties Ordinance, 1961 (W.P. Ordinance No. XXVIII of
1961).
3. The
Societies Registration (West Pakistan Amendment) Ordinance, 1962 (W.P.
Ordinance No. IX of 1962).
4. The
West Pakistan Industries (Control on Establishment and Enlargement) Ordinance,
1963 (W.P. Ordinance No. IV of 1963).
VI.
Ordinances Promulgated by the Governor of the North-West Frontier Province.
1. The
North-West Frontier Province Government Educational and Training Institutions
Ordinance, 1971 (N.W.F.P. Ordinance No. III of 1971).
2. The
North-West Frontier Province Chashma Right Bank Canal Project (Control and
Prevention of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. V of
1971).
3. The
North-West Frontier Province Gomal Zam Project (Control and Prevention of
Speculation in Land) Ordinance, 1971 ( N.W.F.P. Ordinance No. VIII of 1971).]
SECOND
SCHEDULE
Election
of President[221]
[Article
41(3)]
1. The
Chief Election Commissioner shall hold and conduct election to the office of
President, and shall be the Returning Officer for such election.
2. The
Chief Election Commissioner shall appoint Presiding Officers to preside at the
meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of
the members of the Provincial Assemblies.
3. The
Chief Election Commissioner shall by public notification fix the time and place
for depositing nomination papers, holding a scrutiny, making withdrawals, if
any, and holding the poll, if necessary.
4. At
any time before noon on the day fixed for nomination any member of the
Majlis-e-Shoora (Parliament) or of a Provincial Assembly may nominate for
election as President a person qualified for election as President by
delivering to the Presiding Officer a nomination paper, signed by himself as
proposer and by another member of the Majlis-e-Shoora (Parliament) or, as the
case may be Assembly as seconder, together with a statement signed by the
person nominated that he consents to the nomination:
Provided
that no person shall subscribe, whether as proposer or as seconder, more than
one nomination paper at any one election.
5. The
scrutiny shall be held by the Chief Election Commissioner at the time and place
fixed by him, and if after scrutiny only one person remains validly nominated,
the Chief Election Commissioner shall declare that person to be elected, or if
more than one person remains validly nominated, he shall announce, by public
notification, the names of the persons validly nominated, to be hereinafter
called the candidates.
6. A
candidate may withdraw his candidature at any time before noon on the day fixed
for this purpose by delivering a notice in writing under his hand to the
Presiding Officer with whom his nomination paper has been deposited, and a
candidate who has given a notice of withdrawal of his candidature under this paragraph
shall not be allowed to cancel that notice.
7. If
all but one of the candidates have withdrawn, that one shall be declared by the
Chief Election Commissioner to be elected.
8. If
there is no withdrawal, or if, after withdrawals have taken place, two or more
candidates are left, the Chief Election Commissioner shall announce by public
notification the names of the candidates, and their proposers and seconders,
and shall proceed to hold a poll by secret ballot in accordance with the
provisions of the succeeding paragraphs.
9. If
a candidate whose nomination has been found to be in order dies after the time
fixed for nomination, and a report of his death is received by the Presiding
Officer before the commencement of the poll, the Presiding Officer shall, upon
being satisfied of the fact of the death of the candidate, countermand the poll
and report the fact to the Chief Election Commissioner, and all proceedings
with reference to the election shall be commenced anew in all respects as if
for a new election:
Provided
that no further nomination shall be necessary in the case of a candidate whose
nomination was valid at the time of the countermanding of the poll;
Provided
further that no person who has under paragraph 6 of the Schedule given notice
of withdrawal of his candidature before the countermanding of the poll shall be
ineligible for being nominated as a candidate for the election after such
countermanding.
10.
The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of
each Provincial Assembly, and the respective Presiding Officers shall conduct
the poll with the assistance of such officers as they may, with the approval of
the Chief Election Commissioner, respectively appoint.
11. A
ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament),
and of each Provincial Assembly, who presents himself for voting at the meeting
of the members of the Majlis-e-Shoora (Parliament) or, as the case may be of
the Provincial Assembly of which he is a member (hereinafter referred to as a
person voting), and he shall exercise his vote personally by marking the paper
in accordance with the provisions of the succeeding paragraphs.
12.
The poll shall be by secret ballot by means of ballot papers containing the
names of all the candidates in alphabetical order who have not withdrawn, and a
person voting shall vote by placing a mark against the name of the person for
whom he wishes to vote.
13.
Ballot papers shall be issued from a book of ballot papers with counterfoils,
each counterfoil being numbered; and when a ballot paper is issued to a person
voting his name shall be entered on the counterfoil, and the ballot paper shall
be authenticated by the initials of the Presiding Officer.
14. A
ballot paper having been marked by the person voting shall be deposited by that
person in a ballot box to be placed in front of the Presiding Officer.
15. If
a ballot paper is spoiled by a person voting he may return it to the Presiding
Officer, who shall issue a second ballot paper, cancelling the first ballot
paper and marking the cancellation on the appropriate counterfoil.
16. A
ballot paper shall be invalid if—
(i)
there is upon it any name, word or mark, by which the person voting may be
identified; or
(ii)
it does not contain the initials of the Presiding Officer; or
(iii)
it does not contain a mark; or
(iv) a
mark is placed against the names of two or more candidates; or
(v)
there is any uncertainty as to the identity of the candidate against whose name
the mark is placed.
17.
After the close of the poll each Presiding Officer shall, in the presence of
such of the candidates or their authorized representatives as may desire to be
present, open and empty the ballot boxes and examine the ballot papers therein,
rejecting any which are invalid, count the number of votes recorded for each
candidate on the valid ballot papers, and communicate the number of the votes
so recorded to the Chief Election Commissioner.
18.
(1) The Chief Election Commissioner shall determine the result of the election
in the following manner, namely:—
(a)
the number of votes cast in the Majlis-e-Shoora (Parliament) in favour of each
candidate shall be counted;
(b)
the number of votes cast in a Provincial Assembly in favour of each candidate
shall be multiplied by the total number of seats in the Provincial Assembly for
the time being having the smallest number of seats and divided by the total
number of seats in the Provincial Assembly in which the votes have been cast;
and
(c)
the number of votes calculated in the manner referred to in clause (b) shall be
added to the number of votes counted under clause (a).
Explanation.—In
this paragraph, “total number of seats” includes seats reserved for non-Muslims
and women.
(2) A
fraction shall be rounded off to the nearest whole.
19.
The candidate who has obtained the largest number of votes compiled in the
manner specified in paragraph 18 shall be declared by the Chief Election
Commissioner to be elected.
20.
Where at any poll any two or more candidates obtain an equal number of votes,
the selection of the candidate to be elected shall be by drawing of lots.
21.
When, after any poll, the counting of the votes has been completed, and the
result of the voting determined, the Chief Election Commissioner shall
forthwith announce the result to those present, and shall report the result to
the Federal Government, who shall forthwith cause the result to be declared by
a public notification.
22.
The Chief Election Commissioner may, by public notification, with the approval
of the President, make rules for carrying out the purposes of this Schedule.
THIRD
SCHEDULE
Oaths
of Office
PRESIDENT
[Article
42]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I am a Muslim and believe in the
Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being
the last of them, the Prophethood of Muhammad (peace be upon him) as the last
of the Prophets and that there can be no Prophet after him, the Day of
Judgment, and all the requirements and teachings of the Holy Quran and Sunnah:
That I
will bear true faith and allegiance to Pakistan:
That,
as President of Pakistan, I will discharge my duties, and perform my functions,
honestly, to the best of my ability, faithfully in accordance with the
Constitution of the Islamic Republic of Pakistan and the law, and always in the
interest of the sovereignty, integrity, solidarity, well-being and prosperity of
Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
That,
in all circumstances, I will do right to all manner of people, according to
law, without fear or favour, affection or ill-will:
And
that I will not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall become known to
me as President of Pakistan, except as may be required for the due discharge of
my duties as President.
May
Allah Almighty help and guide me (A’meen).[222]
PRIME
MINISTER
[Article
91(3)]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I am a Muslim and believe in the
Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being
the last of them, the Prophethood of Muhammad (peace be upon him) as the last
of the Prophets and that there can be no Prophet after him, the Day of
Judgment, and All the requirements and teachings of the Holy Quran and Sunnah;
That I
will bear true faith and allegiance to Pakistan:
That,
as Prime Minister of Pakistan, I will discharge my duties, and perform my
functions, honestly, to the best of my ability, faithfully in accordance with
the Constitution of the Islamic Republic of Pakistan and the law, and always in
the interest of the sovereignty, integrity, solidarity, well-being and
prosperity of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
That,
in all circumstances, I will do right to all manner of people, according to
law, without fear or favour, affection or ill-will:
And
that I will not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall become known to
me as Prime Minister, except as may be required for the due discharge of my
duties as Prime Minister.
May
Allah Almighty help and guide me (A’meen).
FEDERAL
MINISTER OR MINISTER OF STATE
[Article
92(2)]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
as Federal Minister (or Minister of State); I will discharge my duties, and
perform my functions, honestly, to the best of my ability, faithfully in
accordance with the Constitution of the Islamic Republic of Pakistan and the
law, and always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
That,
in all circumstances, I will do right to all manner of people, according to
law, without fear or favour, affection or ill-will:
And
that I will not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall become known to
me as Federal Minister (or Minister of State), except as may be required for
the due discharge of my duties as Federal Minister (or Minister of State), or
as may be specially permitted by the Prime Minister.
May
Allah Almighty help and guide me (A’meen).
SPEAKER
OF NATIONAL ASSEMBLY OR CHAIRMAN OF SENATE.
[Articles
53(2) and 61]
(In
the name of Allah, the most beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
as Speaker of the National Assembly (or Chairman of the Senate) and whenever I
am called upon to act as President of Pakistan, I will discharge my duties, and
perform my functions honestly, to the best of my ability, faithfully, in
accordance with the Constitution of the Islamic Republic of Pakistan, the law
and as Speaker of the National Assembly in accordance with the rules of the
Assembly (or as Chairman of the Senate in accordance with the rules of the
Senate), and always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
And
that, in all circumstances, I will do right to all manner of people, according
to law, without fear or favour, affection or ill-will.
May
Allah Almighty help and guide me (A’meen).
DEPUTY
SPEAKER OF NATIONAL ASSEMBLY OR DEPUTY CHAIRMAN.
[Articles
53(2) and 61]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
whenever I am called upon to act as Speaker of the National Assembly (or
Chairman of the Senate), I will discharge my duties and perform my functions
honestly, to the best of my ability, faithfully, in accordance with the
Constitution of the Islamic Republic of Pakistan, the law and the rules of the
Assembly (or Senate), and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
And
that, in all circumstances, I will do right to all manner of people, according
to law, without fear or favour, affection or ill-will.
May
Allah Almighty help and guide me (A’meen).
MEMBER
OF NATIONAL ASSEMBLY OR MEMBER OF SENATE
[Article
65]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
as a member of the National Assembly (or Senate), I will perform my functions
honestly, to the best my ability, faithfully, in accordance with the Constitution
of the Islamic Republic of Pakistan and the law, and the rules of the Assembly
(or Senate), and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
And
that I will preserve, protect and defend the Constitution of the Islamic
Republic of Pakistan.
May
Allah Almighty help and guide me (A’meen).
GOVERNOR
OF PROVINCE
[Article
102]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
as the Governor of the Province of ________________________, I will discharge
my duties, and perform my functions, honestly, to the best of my ability,
faithfully in accordance with the Constitution of the Islamic Republic of
Pakistan and the law, and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
That,
in all circumstances, I will do right to all manner of people, according to
law, without fear or favour, affection or ill-will:
And
that I will not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall become known to
me as Governor of the province of ____________________ except as may be
required for the due discharge of my duties as Governor.
May
Allah Almighty help and guide me (A’meen).
CHIEF
MINISTER OR PROVINCIAL MINISTER
[Articles
131(4) and 132(2)]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
as a Chief Minister (or Minister) of the Government of the Province of
____________________, I will discharge my duties and perform my functions
honestly, to the best of my ability, faithfully in accordance with the
Constitution of the Islamic Republic of Pakistan and the law, and always in the
interest of the sovereignty, integrity, solidarity, well-being and prosperity
of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
That,
in all circumstances, I will do right to all manner of people, according to
law, without fear or favour, affection or ill-will:
And
that I will not directly or indirectly communicate or reveal to any person any
matter which shall be brought under my consideration or shall become know to me
as Chief Minister (or Minister) except as may be required for the due discharge
of my duties as Chief Minister (or Minister or as may be specially permitted by
the Chief Minister).
May
Allah Almighty help and guide me (A’meen).
SPEAKER
OF A PROVINCIAL ASSEMBLY
[Articles
53(2) and 127]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
as Speaker of the Provincial Assembly of the Province of ____________________,
I will discharge my duties, and perform my functions, honestly, to the best of
my ability, faithfully in accordance with the Constitution of the Islamic
Republic of Pakistan, the law and the rules of the Assembly, and always in the
interest of the sovereignty, integrity, solidarity, well-being and prosperity
of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
And
that, in all circumstances, I will do right to all manner of people, according
to law, without fear or favour, affection or ill-will.
May
Allah Almighty help and guide me (A’meen).
DEPUTY
SPEAKER OF A PROVINCIAL ASSEMBLY
[Articles
53(2) and 127]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
whenever I am called upon to act as Speaker of the Provincial Assembly of the
Province of ____________________, I will discharge my duties, and perform my
functions, honestly, to the best of my ability, faithfully in accordance with
the Constitution of the Islamic Republic of Pakistan, the law and the rules of
the Assembly, and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
And
that, in all circumstances, I will do right to all manner of people, according
to law, without fear or favour, affection or ill-will.
May
Allah Almighty help and guide me (A’meen).
MEMBER
OF A PROVINCIAL ASSEMBLY
[Articles
65 and 127]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
as a member of the provincial Assembly of ____________________, I will perform
my functions honestly, to the best of my ability, faithfully in accordance with
the Constitution of the Islamic Republic of Pakistan, the law and the rules of
the Assembly, and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of Pakistan:
That I
will strive to preserve the Islamic Ideology which is the basis for the
creation of Pakistan:
And
that I will preserve, protect and defend the Constitution of the Islamic
Republic of Pakistan:
May
Allah Almighty help and guide me (A’meen).
AUDITOR-GENERAL
OF PAKISTAN
[Article
168(2)]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
as Auditor-General of Pakistan, I will discharge my duties and perform my functions
honestly, faithfully, in accordance with the Constitution of the Islamic
Republic of Pakistan and the law and to the best of my knowledge, ability and
judgment, without fear or favour, affection or ill-will, and that I will not
allow my personal interest to influence my official conduct or my official
decisions.
May
Allah Almighty help and guide me (A’meen).
CHIEF
JUSTICE OF PAKISTAN OR OF A HIGH COURT OR JUDGE OF THE SUPREME COURT OR A HIGH
COURT
[Articles
178 and 194]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That,
as Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or
Chief Justice or a Judge of the High Court for the Province or Provinces of
____________________), I will discharge my duties, and perform my functions,
honestly, to the best of my ability and faithfully in accordance with the
Constitution of the Islamic Republic of Pakistan and the law:
That I
will abide by the code of conduct issued by the Supreme Judicial Council:
That I
will not allow my personal interest to influence my official conduct or my
official decisions:
That I
will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
and
that, in all circumstances, I will do right to all manner of people, according
to law, without fear or favour, affection or ill-will.
May
Allah Almighty help and guide me (A’meen).
CHIEF
JUSTICE OR JUDGE[223] OF THE FEDERAL SHARIAT COURT[224]
[Article
203C(7)]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that, as the Chief Justice (or a Judge)
of the Federal Shariat Court, I will discharge my duties, and perform my
functions, honestly, to the best of my ability and faithfully in accordance
with law;
And
that I will not allow my personal interest to influence my official conduct or
my official decisions.
May
Allah Almighty help and guide me (A’meen).
CHIEF
ELECTION COMMISSIONER
[Article
214]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that as Chief Election Commissioner I
will discharge my duties, and perform my functions, honestly, to the best of my
ability, faithfully in accordance with the Constitution of the Islamic Republic
of Pakistan and the law, and without fear or favour, affection or ill-will, and
that I will not allow my personal interest to influence my official conduct or
my official decisions.
May
Allah Almighty help and guide me (A’meen).
MEMBERS
OF THE ARMED FORCES
[Article
244]
(In
the name of Allah, the most Beneficent, the most Merciful.)
I,
____________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan and uphold the Constitution of the Islamic Republic of
Pakistan which embodies the will of the people, that I will not engage myself
in any political activities whatsoever and that I will honestly and faithfully
serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and
under the law.
May
Allah Almighty help and guide me (A’meen).
FOURTH
SCHEDULE
Legislative
Lists
[Article
70(4)]
Federal
Legislative List
PART I
1. The
defence of the Federation or any part thereof in peace or war; the military,
naval and air forces of the Federation and any other armed forces raised or
maintained by the Federation; any armed forces which are not forces of the Federation
but are attached to or operating with any of the Armed Forces of the Federation
including civil armed forces; Federal Intelligence Bureau; preventive detention
for reasons of State connected with defence, external affairs, or the security
of Pakistan or any part thereof; persons subjected to such detention;
industries declared by Federal law to be necessary for the purpose of defence
or for the prosecution of war.
2.
Military, naval and air force works; local self-government in cantonment areas,
the constitution and powers within such areas of cantonment authorities, the
regulation of house accommodation in such areas, and the delimitation of such
areas.
3.
External affairs; the implementing of treaties and agreements, including
educational and cultural pacts and agreements, with other countries;
extradition, including the surrender of criminals and accused persons to
Governments outside Pakistan.
4.
Nationality, citizenship and naturalisation.
5.
Migration from or into, or settlement in, a Province or the Federal Capital.
6.
Admission into, and emigration and expulsion from, Pakistan, including in
relation thereto the regulation of the movements in Pakistan of persons not
domiciled in Pakistan; pilgrimages to places beyond Pakistan.
7.
Posts and telegraphs, including telephones, wireless, broadcasting and other
like forms of communications; Post Office Saving Bank.
8.
Currency, coinage and legal tender.
9.
Foreign exchange; cheques, bills of exchange, promissory notes and other like
instruments.
10.
Public debt of the Federation, including the borrowing of money on the security
of the Federal Consolidated Fund; foreign loans and foreign aid.
11.
Federal Public Services and Federal Public Service Commission.
12.
Federal pensions, that is to say, pensions payable by the Federation or out of
the Federal Consolidated Fund.
13.
Federal Ombudsmen.
14.
Administrative Courts and Tribunals for Federal subjects.
15.
Libraries, museums, and similar institutions controlled or financed by the
Federation.
16.
Federal agencies and institutes for the following purposes, that is to say, for
research, for professional or technical training, or for the promotion of
special studies.
17.
Education as respects Pakistani students in foreign countries and foreign
students in Pakistan.
18.
Nuclear energy, including—
(a)
mineral resources necessary for the generation of nuclear energy;
(b)
the production of nuclear fuels and the generation and use of nuclear energy;
and
(c)
ionizing radiations.
19.
Port quarantine, seamen’s and marine hospitals and hospitals connected with
port quarantine.
20.
Maritime shipping and navigation, including shipping and navigation on tidal
waters; Admiralty jurisdiction.
21.
Major ports, that is to say, the declaration and delimitation of such ports,
and the constitution and powers of port authorities therein.
22.
Aircraft and air navigation; the provision of aerodromes; regulation and
organisation of air traffic and of aerodromes.
23.
Lighthouses, including lightships, beacons and other provisions for the safety
of shipping and aircraft.
24.
Carriage of passengers and goods by sea or by air.
25.
Copyright, inventions, designs, trade-marks and merchandise marks.
26.
Opium so far as regards sale for export.
27.
Import and export across customs frontiers and defined by the Federal
Government. inter-provincial trade and commerce, trade and commerce with
foreign countries; standard of quality of goods to be exported out of Pakistan.
28.
State Bank of Pakistan; banking, that is to say, the conduct of banking
business by corporations other than corporations owned or controlled by a
Province and carrying on business only within that Province.
29.
The law of insurance, except as respects insurance undertaken by a Province,
and the regulation of the conduct of insurance business, except as respects
business undertaken by a Province; Government insurance, except so far as
undertaken by a Province by virtue of any matter within the legislative
competence of the Provincial Assembly.
30.
Stock exchanges and futures markets with objects and business not confined to
one province.
31.
Corporations, that is to say, the incorporation, regulation and winding-up of
trading corporations, including banking, insurance and financial corporations,
but not including corporations owned or controlled by a Province and carrying
on business only within that Province, or co-operative societies, and of
corporations, whether trading or not, with objects not confined to a Province,
but not including universities.
32.
National planning and national economic coordination including planning and
coordination of scientific and technological research.
33.
State lotteries.
34.
National highways and strategic roads.
35.
Federal surveys including geological surveys and Federal meteorological
organisations.
36.
Fishing and fisheries beyond territorial waters.
37.
Works, lands and buildings vested in, or in the possession of Government for
the purposes of the Federation (not being military, naval or air force works),
but, as regards property situate in a Province, subject always to Provincial
Legislation, save in so far as Federal law otherwise provides.
38.
Census.
39.
Establishment of standards of weights and measures.
40.
Extension of the powers and jurisdiction of members of a police force belonging
to any Province to any area in another Province, but not so as to enable the
police of one Province to exercise powers and jurisdiction in another Province
without the consent of the Government of that Province; extension of the powers
and jurisdiction of members of a police force belonging to any province to
railway areas outside that Province.
41.
Elections to the office of President, to the National Assembly, the Senate and
the Provincial Assemblies; Chief Election Commissioner and Election Commissions.
42.
The salaries, allowances and privileges of the President, Speaker and Deputy
Speaker of the National Assembly, Chairman and Deputy Chairman of the Senate,
Prime Minister, Federal Ministers, Ministers of State, the salaries, allowances
and privileges of the members of the Senate and the National Assembly; and the
punishment of persons who refuse to give evidence or produce documents before
committees thereof.
43.
Duties of customs, including export duties.
44.
Duties of excise, including duties on salt, but not including duties on
alcoholic liquors, opium and other narcotics.
45.
Duties in respect of succession to property.
46.
Estate duty in respect of property.
47.
Taxes on income other than agricultural income.
48.
Taxes on corporations.
49.
Taxes on the sales and purchases of goods imported, exported, produced,
manufactured or consumed.[225]
50.
Taxes on the capital value of the assets, not including taxes on capital gains
on immovable property.
51.
Taxes on mineral oil, natural gas and minerals for use in generation of nuclear
energy.
52.
Taxes and duties on the production capacity of any plant, machinery,
undertaking, establishment or installation in lieu of the taxes and duties
specified in entries 44, 47, 48 and 49 or in lieu of any one or more of them.
53.
Terminal taxes on goods or passengers carried by railway, sea or air; taxes on
their fares and freights.
54.
Fees in respect of any of the matters in this Part, but not including fees
taken in any court.
55.
Jurisdiction and powers of all courts, except the Supreme Court, with respect
to any of the matters in this List and, to such extent as is expressly
authorised by or under the Constitution, the enlargement of the jurisdiction of
the Supreme Court, and the conferring thereon of supplemental powers.
56.
Offences against laws with respect to any of the matters in this Part.
57.
Inquiries and statistics for the purposes of any of the matters in this Part.
58.
Matters which under the Constitution are within the legislative competence of
Majlis-e-Shoora (Parliament) or relate to the Federation.
59.
Matters incidental or ancillary to any matter enumerated in this Part.
PART II
1.
Railways.
2.
Mineral oil and natural gas; liquids and substances declared by Federal law to
be dangerously inflammable.
3.
Development of industries, where development under Federal control is declared
by Federal law to be expedient in the Public interest; institutions,
establishments, bodies and corporations administered or managed by the Federal
Government immediately before the commencing day, including the Pakistan Water
and Power Development Authority and the Pakistan Industrial Development
Corporation;[226] all undertakings, projects and schemes of such institutions,
establishments, bodies and corporations, industries, projects and undertakings
owned wholly or partially by the Federation or by a corporation set up by the
Federation.
4.
Council of Common Interests.
5.
Fees in respect of any of the matters in this Part but not including fees taken
in any court.
6.
Offences against laws with respect to any of the matters in this Part.
7.
Inquiries and statistics for the purposes of any of the matters in this Part.
8.
Matters incidental or ancillary to any matter enumerated in this Part.
Concurrent
Legislative List
1.
Criminal law, including all matters included in the Pakistan Penal Code on the
commencing day, but excluding offences against laws with respect to any of the
matters specified in the Federal Legislative List and excluding the use of
naval, military and air forces in aid of civil power.
2.
Criminal procedure, including all matters included in the Code of Criminal
Procedure, on the commencing day.
3.
Civil procedure, including the law of limitation and all matters included in
the Code of Civil Procedure on the commencing day; the recovery in a Province
or the Federal Capital of claims in respect of taxes and other public demands,
including arrears of land revenue and sums recoverable as such, arising outside
that Province.
4.
Evidence and oath; recognition of laws, public acts and records and judicial
proceedings.
5.
Marriage and divorce; infants and minors; adoption.
6.
Wills, intestacy and succession, save as regards agricultural land.
7.
Bankruptcy and insolvency, administrators-general and official trustees.
8.
Arbitration.
9.
Contracts, including partnership, agency, contracts of carriage, and other
special forms of contracts, but not including contracts relating to
agricultural land.
10.
Trust and trustees.
11.
Transfer of property other than agricultural land, registration of deeds and
documents.
12.
Actionable wrongs, save in so far as included in laws with respect to any of
the matters specified in the Federal Legislative List.
13.
Removal of prisoners and accused persons from one province to another province.
14.
Preventive detention for reasons connected with the maintenance of public
order, or the maintenance of supplies and services essential to the community;
persons subjected to such detention.
15.
Persons subjected to preventive detention under Federal authority.
16.
Measures to combat certain offences committed in connection with matters
concerning the Federal and Provincial Governments and the establishment of a
police force for that purpose.
17.
Arms, fire-arms and ammunition.
18.
Explosives.
19.
Opium, so far as regards cultivation and manufacture.
20.
Drugs and medicines.
21.
Poisons and dangerous drugs.
22.
Prevention of the extension from one province to another of infectious or
contagious diseases or pests affecting men, animals or plants.
23.
Mental illness and mental retardation, including places for the reception or
treatment of the mentally ill and mentally retarded.
24.
Environmental pollution and ecology.
25.
Population planning and social welfare.
26.
Welfare of labour; conditions of labour, provident funds; employers’ liability
and workmen’s compensation, health insurance including invalidity pensions, old
age pensions.
27. Trade
unions; industrial and labour disputes.
28.
The setting up and carrying on of labour exchanges, employment information
bureaus and training establishments.
29.
Boilers.
30.
Regulation of labour and safety in mines, factories and oil-fields.
31.
Unemployment insurance.
32.
Shipping and navigation on inland waterways as regards mechanically propelled
vessels, and the rule of the road on such waterways; carriage of passengers and
goods on inland waterways.
33.
Mechanically propelled vehicles.
34.
Electricity.
35.
Newspapers, books and printing presses.
36.
Evacuee property.
37.
Ancient and historical monuments, archaeological sites and remains.
38.
Curriculum, syllabus, planning, policy, centres of excellence and standards of
education.
39.
Islamic education.
40.
Zakat.
41.
Production, censorship and exhibition of cinematograph films.[227]
42.
Tourism.
43.
Legal, medical and other professions.
43A.
Auqaf.[228]
44.
Fees in respect of any of the matters in this List, but not including fees
taken in any court.
45.
Inquiries and statistics for the purpose of any of the matters in this List.
46.
Offences against laws with respect to any of the matters in this List;
jurisdiction and powers of all courts except the Supreme Court, with respect to
any of the matters in this List.
47.
Matters incidental or ancillary to any matter enumerated in this List.
FIFTH
SCHEDULE
Remuneration
and Terms and Conditions of Service of Judges[229]
[Article
205]
THE
SUPREME COURT
1.
There shall be paid to the Chief Justice of Pakistan a salary of Rs. 9,900 per
mensem, and to every other Judge of the Supreme Court a salary of Rs. 9,500 per
mensem, or such higher salary as the President may, from time to time,
determine.[230]
2.
Every Judge of the Supreme Court shall be entitled to such privileges and
allowances, and to such rights in respect of leave of absence and pension, as
may be determined be the President, and until so determined, to the privileges,
allowances and rights to which, immediately before the commencing day, the
Judges of the Supreme Court of Pakistan were entitled.
3. The
pension payable to a retired Judge of the Supreme Court per mensem shall not be
less or more than the amount specified in the table below, depending on the
length of his service as Judge in that Court or a High Court:[231]
Provided
that the President may, from time to time, raise the minimum or maximum amount
of pension so specified:—
Judge
Minimum amount Maximum amount
Chief
Justice Rs. 7,000 Rs. 8,000
Other
Judge Rs. 6,250 Rs. 7,125
4. The
widow of a Judge of the Supreme Court shall be entitled to a pension at the
following rates, namely:—
(a) if
the Judge dies after retirement, 50 percent of the net pension payable to him;
or
(b) if
the Judge dies after having rendered not less than three years’ service as
Judge and while still serving as such, 50 percent of the pension admissible to
him at the minimum rate.
5. The
pension shall be payable to the widow for life or, if she remarries, until her
marriage.
6. If
the widow dies, the pension shall be payable—
(a) to
the sons of the Judge who are less than twenty-one years of age, until they
attain that age; and
(b) to
the unmarried daughters of the Judge who are less than twenty-one years of age,
until they attain that age or are married, whichever first occurs.[232]
THE
HIGH COURT[233]
1.
There shall be paid to the Chief Justice of a High Court a salary of Rs. 9400
per mensem, and to every other Judge of a High Court a salary of Rs. 8400 per
mensem, or such higher salary as the President may, from time to time,
determine.[234]
2.
Every Judge of a High Court shall be entitled to such privileges and
allowances, and to such rights in respect of leave of absence and pension, as
may be determined by the President, and until so determined, to the privileges,
allowances and rights to which, immediately before the commencing day, the
Judges of the High Court were entitled.
3. The
pension payable per mensem to a Judge of a High Court who retires after having
put in not less than five years service as such Judge shall not be less or more
than the amount specified in the table below, depending on the length of his
service as Judge and total service, if any, in the service of Pakistan:[235]
Provided
that the President may, from time to time, raise the minimum or maximum amount
of pension so specified:—
Judge
Minimum amount Maximum amount
Chief
Justice Rs. 5,640 Rs. 7,050
Other
Judge Rs. 5,040 Rs. 6,300
4. The
widow of the Judge of a High Court shall be entitled to a pension at the
following rates, namely:—
(a) if
the Judge dies after retirement, 50 percent of the net pension payable to him;
or
(b) if
the Judge dies after having rendered not less than five years’ service as Judge
and while still serving as such, 50 per[c]ent of the pension admissible to him
at the minimum rate.
5. The
pension shall be payable to the widow for life or, if she remarries, until her
marriage.
6. If
the widow dies, the pension shall be payable—
(a) to
the sons of the Judge who are less than twenty-one years of age, until they
attain that age; and
(b) to
the unmarried daughters of the Judge who are less than twenty-one years of age,
until they attain that age or are married, whichever first occurs.[236]
SIXTH
SCHEDULE
Laws
not to be Altered, Repealed or Amended without the Previous sanction of the
President
[Article
268(2)]
Number
Description of Regulation
1. The
Improper Acquisition of Property Regulation, 1969.
2. The
Removal from Service (Special Provisions) Regulation, 1969.
3. The
Living Beyond Ostensible Means (Punishment) Regulation, 1969.
4. The
Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.
5. The
Enemy Property (Payment of Money Due to Enemy) Regulation, 1970.
6. The
Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
7. The
Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
8. The
Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
9. The
Convention Muslim League and Awami League (scrutiny of Funds) Regulation, 1971.
10.
The Foreign Exchange Repatriation Regulation, 1972.
11.
The Foreign Assets (Declaration) Regulation, 1972.
12.
The Removal from Service (Special Provisions) Regulation, 1972.
13.
The Land Reforms Regulation, 1972.
14.
The Removal from Service (Review Petition) Regulation, 1972.
15.
The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
16.
The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.
17.
The Enemy Property (Revocation of Sales) Regulation, 1972.
18.
The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.
19.
The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation,
1972.
20.
The West Pakistan Industrial Development Corporation (Revocation of Sales or
Transfer) Regulations, 1972.
21.
The Economic Reforms (Protection of Industries) Regulation, 1972.
22.
The National Press Trust (Suspension of Board of Trustees and Directors)
Regulation, 1972.
23.
The Cooperative Banks (Repayment of Loans) (Punjab) Regulation, 1972.
24.
The Cooperative Societies (Repayment of Loans) (Sind) Regulation, 1972.
25.
The State Bank of Pakistan Act, 1956 (XXXIII of 1956).
26.
The National Accountability Bureau Ordinance, 1999 (XVIII of 1999).
27.
The Balochistan Local Government Ordinance, 2001 (XVIII of 2001).
28.
The North-West Frontier Province, Local Government Ordinance, 2001 (XIV of 2001).
29.
The Punjab Local Government Ordinance, 2001 (XIII of 2001).
30.
The Sindh Local Government Ordinance, 2001 (XXVII of 2001).
31.
The Election Commission Order, 2002 (Chief Executive’s Order No. 1 of 2002).
32.
The Conduct of General Elections Order, 2002 (Chief Executive’s Order No. 7 of
2002).
33.
The Political Parties Order, 2002 (Chief Executive’s Order No. 18 of 2002).
34.
The Qualification to Hold Public Offices Order, 2002 (Chief Executive’s Order
No. 19 of 2002).
35.
The Police Order, 2002 (Chief Executive’s Order No. 22 of 2002).[237]
SEVENTH
SCHEDULE
Laws
to be amended in the manner provided for amendment of the Constitution[238]
[Article
270A(6)]
PRESIDENT’S
ORDERS
(1)
The Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Renaming and
Administration) Order, 1978 (P.O. No. 4 of 1978).
(2)
The Cantonments (Urban Immovable Property Tax and Entertainments Duty) Order,
1979 (P.O. No. 13 of 1979).
(3)
The Pakistan Defence Officers Housing Authority Order, 1980 (P.O. No. 7 of
1980).
(4)
The Foreign Currency Loans (Rate of Exchange) Order, 1982 (P.O. No.3 of 1982).
(5)
The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983
(P.O. No.1 of 1983).
(6) The
Agha Khan University Order, 1983 (P.O. No.3 of 1983).
(7)
The National College of Textile Engineering (Governing Body and Cess) Order,
1983 (P.O. No. 11 of 1983).
(8)
The Lahore University of Management Sciences Order, 1985 (P.O. No. 25 of 1985).
ORDINANCES
(1)
The International Islamic University Ordinance, 1985 (XXX of 1985).
(Legislation
Branch, Senate Secretariat, Islamabad. dated 13th December, 2001).
(MUSTAFA
KAMAL)
________________________________________
EDITOR’S
NOTES
[1]
The Constitution of the Islamic Republic of Pakistan was adopted on April 12,
1973. This fully-annotated version includes the most recent amendment, the
Constitution (Seventeenth Amendment) Act, 2003, and is based on the official
government English translation by the National Assembly of Pakistan, as
published on July 31, 2004.
[2]
Replaced previous clauses (2), (3) and (4) by the Constitution (First
Amendment) Act, 1974 (w.e.f. May 4, 1974). Previously, they read:
(2)
The Constitution shall apply to the following territories of Pakistan:
(a)
the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind;
(b)
the Islamabad Capital Territory, hereinafter referred to as the Federal Capital;
(c)
the Federally Administered Tribal Areas and
(d)
such States and territories as are or may be included in Pakistan, whether by
accession or otherwise.
(3)
The Constitution shall be appropriately amended so as to enable the people of
the Province of East Pakistan, as and when foreign aggression in that Province
and its effects are eliminated, to be represented in the affairs of the
Federation.
(4)
Parliament may by law admit into the Federation new States or areas on such
terms, and conditions as it thinks fit.
[3] As
amended to replace the term, “Parliament.” All references herein where
“Majlis-e-Shoora” replaces the term “Parliament,” unless otherwise noted, are
effected by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of
1985), Article 2 and Schedule.
[4]
Clause (2A) inserted by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule.
[5]
Clause (2) amended by the Revival of the Constitution of 1973 Order, 1985 (P.O.
No. 14 of 1985), Article 2 and Schedule, to replace the word “basic” with
“inviolable.”
[6]
Paragraph (ii) amended by the Constitution (Fourth Amendment) Act, 1975 (P.O.
No. 71 of 1975), s. 2 (w.e.f November 21, 1985), as previously amended by Act
33 of 1974, s. 3 (w.e.f May 4, 1974).
[7]
Clause (4) amended by the Constitution (Fourth Amendment) Act, 1975 (P.O. No.
71 of 1975), s. 2, to replace “the First Schedule, not being a law which
relates to, or is connected with, economic reforms” with “Part II of the First
Schedule.”
[8]
Clause (4) amended by the Constitution (Third Amendment) Act, 1975 (P.O. No. 22
of 1975), s. 2 (w.e.f February 13, 1975), to replace, “one month” with “three
months,” in every instance it appears in the clause.
[9]
Clause (5) amended by the Constitution (Third Amendment) Act, 1975 (P.O. No. 22
of 1975), s. 2 (w.e.f February 13, 1975), to replace, “as soon as may be, but
not later than one week” with “within fifteen days.”
[10]
Proviso of clause (7) amended by the Constitution (Third Amendment) Act, 1975
(P.O. No. 22 of 1975), s. 2. Previously, it read:
Provided
that this clause shall not apply to any person who is employed by, or works
for, or acts on instructions received from, the enemy.
[11]
Clause (1) amended by the Constitution (Fourth Amendment) Act, 1975 (P.O. No.
71 of 1975), s. 3 (w.e.f. November 21, 1975), to replace “morality or public
Order” with “sovereignty or integrity of Pakistan, public order or morality”
with “sovereignty or integrity of Pakistan, public order or morality.”
[12]
“or Public Order” inserted into clause (2) by the Legal Framework Order, 2002
(C. E’s. O. No. 24 of 2002), Article 3 and Schedule.
[13]
Clause (2) amended by the Constitution (First Amendment) Act, 1974 (33 of
1974), s. 4 (w.e.f. May 4, 1974). Previously, it read:
(2)
Every citizen not being in the service of Pakistan shall have the right to form
or be a member of a political party. Every political party shall account for
the source of its funds in accordance with law.
[14]
Proviso inserted, and the full stop replaced by a colon, by the Legal Framework
Order, 2002 (C. E’s. O. No. 24 of 2002), Article 3 and Schedule.
[15]
Clause (4) inserted by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule.
[16]
Article 19 as amended by the Constitution (Fourth Amendment) Act, 1975 (P.O.
No. 71 of 1975), s. 4 (w.e.f. November 21, 1975), replacing “defamation” with
“commission of.”
[17]
Proviso of clause (1) amended, and shall always deemed to have been so amended,
by the Constitution (Sixteenth Amendment) Act, 1999 (P.O No. 7 of 1999), s. 2,
replacing “twenty” with “forty”, which was previously amended by the Revival of
the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and
Schedule, to replace “ten.”
[18]
“Ushr” inserted into paragraph (c) by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[19]
Clause (3) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, it read:
(3)
The President shall be elected by the members of Parliament in joint sitting in
accordance with the provisions of the Second Schedule.
[20]
Paragraph (b) as amended by the Legal Framework Order 2002 (C. E’s. O. No. 24
of 2002), Article 3 and Schedule. Clause (7) was originally inserted by the
Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article
2 and Schedule. Previously, it read:
(7)
Notwithstanding anything contained in this Article or Article 43, or any other
Article of the Constitution or any other law, General Mohammad Zia-ul-Haq, in
consequence of the result of the referendum held on the nineteenth day of
December 1984, shall become the President of Pakistan on the day of the first
meeting of Majlis-e-Shoora (Parliament) in joint sitting summoned after the
elections to the Houses of Majlis-e-Shoora (Parliament) and shall hold office
for a term of five years from that day; and Article 44 and other provisions of
the Constitution shall apply accordingly.
[21]
Proviso in clause (7), clauses (8) and (9) inserted, and the full stop replaced
by a colon at the end of paragraph (7)(b), by the Constitution (Seventeenth
Amendment) Act, 2003 (P.O. No. 3 of 2003), s. 2.
[22]
Article 46 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, it read:
The
Prime Minister shall keep the President informed on matters of internal and
foreign policy and on all legislative proposals the Federal Government intends
to bring before Parliament.
[23]
Article 47 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to insert “or impeachment” into
the article’s title.
[24]
Clauses (1) and (2) as amended by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule. Previously, they
read:
(1)
Notwithstanding anything contained in the Constitution, the President may be
removed from office in accordance with the provisions of this Article on the
ground of physical or mental incapacity or on a charge of violating the
Constitution or gross misconduct.
(2)
Not less than one-half of the total membership of either House may give to the
Speaker of the National Assembly or, as the case may be, the Chairman written
notice of its intention to move a resolution for the removal of the President;
and such notice shall set out the particulars of his incapacity or of the
charge against him.
[25]
Article 48 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, it read:
48.
(1) In
the performance of his functions, the President shall act on and in accordance
with the advice of the Prime Minister and such advice shall be binding on him.
(2)
The question whether any, and if so what, advice was tendered to the President
by the Prime Minister shall not be inquired into in any court.
(3)
Save as otherwise provided in any rules made under Article 99, the orders of
the President shall require for their validity the counter-signature of the
Prime Minister.
[26]
Clause (1) as amended by the Constitution (Eighth Amendment) Act, 1985 (P.O.
No. 18 of 1985), s. 2, replacing “, the Prime Minister, or an appropriate
Minister” with “or the Prime Minister.”
[27]
Proviso of clause (1) as amended by the Constitution (Eighth Amendment) Act,
1985 (P.O. No. 18 of 1985), s. 2. Previously, it read:
Provided
that the President may require the Cabinet to reconsider or consider such
advice, as the case may be either generally or otherwise, and the President
shall act in accordance with the advice tendered after such reconsideration or
consideration
[28]
Clause (2) inserted, and clause (3) omitted, by the Constitution (Eighth
Amendment) Act, 1985 (P.O. No. 18 of 1985), s. 2. Previously, clause (3) read:
(3) If
any question arises whether any matter is or is not a matter in respect of
which the President is by the Constitution empowered to act in his discretion,
the decision of the President in his discretion shall be final, and the
validity of anything done by the President shall not be called in question on
the ground that he ought or ought not to have acted in his discretion.
[29]
Paragraph (a) of clause (5) as amended by the Constitution (Eighth Amendment)
Act, 1985 (P.O. No. 18 of 1985), s. 2, replacing “one hundred” with “ninety.”
[30]
Article 50 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to reflect the new name of
Parliament, “Majlis-e-Shoora,” and also to include the President as part of
Parliament.
[31]
Clause (1) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, replacing “two hundred” with “three hundred and
forty-two,” as previously amended by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[32]
Paragraph (b) of clause (2) as amended by the Legal Framework Order, 2002 (C.
E’s. O. No. 24 of 2002), Article 3 and Schedule, replacing “twenty one” with
“eighteen,” as previously amended by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[33]
Proviso omitted, and a full stop replacing the colon, by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
Previously, the proviso read:
Provided
that, for the purpose of the first general election to the National Assembly or
an election to a seat falling vacant before the holding of a second general
election to the Assembly paragraph (b) shall have effect as if for the word
"eighteen" therein the word "twenty-one" were substituted.
[34]
Clause (2A) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, as originally inserted by the Constitution
(Fourth Amendment) Act, 1975 (P.O. No. 71 of 1975), s. 5 (w.e.f November 21,
1985). Originally, clause (2A) provided for six additional seats “for the
persons referred to in clause (3) of Article 106.” As amended by the Revival of
the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and
Schedule, clause (2A) read:
(2A)
In addition to the number of seats referred to in clause (1), there shall be in
the National Assembly ten additional seats reserved as follows for the person
referred to in clause (3) of Article 106:
–
Christians
–
Hindus and persons belonging to the Scheduled castes
–
Sikh, Buddhist and Parsi communities and other non-Muslims
–
Persons belonging to the Quadiani group or the Lahori group (who call themselves
Ahmadis).
[35]
Clause (4) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule. As previously amended by the Constitution
(Eighth Amendment) Act, 1985, s. 3 (w.e.f. November 9, 1985) and the Revival of
the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), s. 3, clause (4)
read:
(4)
Until the expiration of a period of ten years from the commencing day or the
holding of the third general election to the National Assembly, whichever
occurs later, twenty seats in addition to the number of seats referred to in
clause (1) shall be reserved for women and allocated to the Provinces in
accordance with the Constitution and law.
Clause
(4) was also amended by the Legal Framework Order, 2002 (C. E’s. O. No. 29 of
2002), wherein the proviso was inserted in paragraph (d) and the original
proviso in paragraph (e) was replaced.
[36]
Clauses (4A)–(6) were omitted by the Legal Framework Order, 2002 (C. E’s. O.
No. 24 of 2002), Article 3 and Schedule. Previously, as amended they read:
(4A)
The members to fill the seats referred to in clause (2A) shall be elected,
simultaneously with the members to fill the seats referred to in clause (1), on
the basis of separate electorates by direct and free vote in accordance with
law.
(5) As
soon as practicable after the general election to the National Assembly, the
members to fill seats reserved for women which are allocated to a Province
under clause (4) shall be elected in accordance with law on the basis of the
system of proportional representation by means of a single transferable vote by
the electoral college consisting of the persons elected to the Assembly from
that Province.
(6)
Notwithstanding anything contained in this Article, the President may, by
0rder, make such provision as to the manner of filling the seats in the
National Assembly allocated to the Federally Administered Tribal Areas as he
may think fit.
[37]
Article 54 had effect, until December 31, 1973, as if the proviso to clause (2)
were omitted. See the Removal of Difficulties (Sittings at National Assembly)
Order 1973 (P.O. No. 23 of 1973), Article 2.
[38]
Clause (2) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, replacing “two” for “three.”
[39]
Proviso of clause (2) as amended by the Constitution (Tenth Amendment) Act,
1987 (P.O. No. I of 1987), s. 2, replacing “sixty” with “thirty,” as amended by
the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985),
Article 2 and Schedule.
[40]
Explanation to clause (2) inserted by the Constitution (Fourth Amendment) Act,
1975 (P.O. No. 71 of 1975), s. 6 (w.e.f. November 21, 1975).
[41]
Clause (1) renumbered by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule; Clauses (2), (3) and (4)
inserted by the Constitution (Eighth Amendment) Act, 1985 (P.O. No. 18 of
1985), s. 4.
[42]
Explanation of clause (1) amended by the Constitution (Eighth Amendment) Act,
1985 (P.O. No. 18 of 1985), s. 5, replacing “resolution for a vote of
no-confidence has been moved” with “notice of a resolution for a vote of
no-confidence has been given.”
[43]
Clause (1) renumbered, and the phrase “or a Federal Minister performing the
functions of Prime Minister under clause (1) or clause (3) of Article 95”
omitted, by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of
1985), Article 2 and Schedule.
[44]
Paragraph (a) of clause (2) as amended by the Constitution (Eighth Amendment)
Act, 1985 (P.O. No. 18 of 1985), s. 5, as previously amended by the Revival of
the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and
Schedule. As previously amended, clause (2) read:
The
President may also dissolve the National Assembly in his discretion where, in
his opinion, an appeal to the electorate is necessary.
[45]
Paragraph (b) was omitted by the Constitution (Thirteenth Amendment) Act, 1997
(P.O. No. 1 of 1997), s. 2 and the current text inserted by Legal Framework
Order, 2002 (C. E’s. O. No. 24 of 2002), Article 3 and Schedule.
[46]
Clause (3) inserted by the Constitution (Seventeenth Amendment) Act 2003 (P.O.
No. 3 of 2003), s. 3.
[47]
Paragraph (b) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, replacing “five” for “eight.”
The words “by direct and free vote” were omitted and shall always be deemed so
omitted by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of 2002), Article
3 and Schedule.
[48]
Clause (1) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, as previously amended.
[49]
Clause (3) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, it read:
(3)
The Senate shall not be subject to dissolution but the term of office of its
members shall be four years, half of them retiring every two years, except in
the case of the members elected by the members from the Federally Administered
Tribal Areas, of whom three shall retire after the expiration of the first two
years and two shall retire after the expiration of the next two years:
Provided
that the term of office of a person elected or chosen to fill a casual vacancy
shall be the unexpired term of the member whose vacancy he has filled.
[50]
Paragraphs (a), (b) and (c) were amended by the Constitution (Eighth Amendment)
Act, 1985 (P.O. No. 18 of 1985), s. 6. Paragraph (c) was further amended by
Legal Framework Order, 2002 (C. E’s. O. No. 24 of 2002), Article 3 and Schedule.
[51]
Paragraph (d) as amended, and paragraph (e) inserted, by the Legal Framework
Order, 2002 (C. E’s. O. No. 24 of 2002), Article 3 and Schedule.
[52]
The words “or chosen” omitted from the proviso by the Constitution (Eighth
Amendment) Act, 1985 (P.O. No. 18 of 1985), s. 6.
[53]
Clause (4) omitted by the Constitution (Eighth Amendment) Act, 1985 (P.O. No.
18 of 1985), s. 6.
[54]
Clause (2) as amended by the Constitution (Eighth Amendment) Act, 1985 (P.O.
No. 18 of 1985), s. 6, replacing “two” for “three.”
[55]
Clause (2) as amended by the Constitution (First Amendment) Act, 1974 (P.O. No.
33 of 1974), s. 5 (w.e.f. May 14, 1974), to insert “and as if, in the proviso
to the said clause (2) of Article 54, for the words ‘one hundred and sixty’ the
word ‘ninety’ were substituted.” The phrase “one hundred and sixty” was later
amended to “one hundred and thirty” by the Constitution (Tenth Amendment) Act,
1987 (P.O. No. 1 of 1987), s. 3.
[56]
Article 62 amended by the Revival of the Constitution of 1973 Order, 1985 (P.O.
No. 14 of 1985), Article 2 and Schedule. Previously, it read:
62.
A
person shall not be qualified to be elected or chosen as a member of Parliament
unless:
(a) he
is a citizen of Pakistan;
(b) he
is, in the case of the National Assembly, not less than twenty-five years of
age and is enrolled as a voter in any electoral roll for election to that
Assembly;
(c) he
is, in the case of the Senate, not less than thirty years of age-and is
enrolled as a voter in any area in a Province or, as the case may be, the
Federal Capital or the Federally Administered Tribal areas, from where he seeks
membership; and
(d) he
possesses such other qualifications as may be prescribed by Act of Parliament.
[57]
Paragraph (b) amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, to add subsections (i) and (ii).
[58]
Paragraphs (h)–(j) as amended by the Legal Framework Order, 2002 (C. E’s. O.
No. 24 of 2002), Article 3 and Schedule.
[59]
Paragraph (p) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24
of 2002), Article 3 and Schedule.
[60]
Paragraph (s) inserted, and shall be deemed always to have been so inserted, by
the Legal Framework Order, 2002 (C. E’s. O. No. 29 of 2002), Article 2.
[61]
Clause (2) amended by the Legal Framework Order, 2002 (C. E’s. O. No. 29 of
2002), Article 2.
[62]
Clause (3) inserted by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule.
[63]
Article 63A as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, and as inserted by the Constitution (Fourteenth
Amendment) Act, 1997 (P.O. No. 24 of 1997), s. 2.
[64]
Article 70 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to replace the existing Articles
70 and 71.
[65]
Clauses (2) and (3) amended by the Legal Framework Order, 2002 (C. E’s. O. No.
24 of 2002), Article 3 and Schedule; inserted in clause (2) was the text
“referred to a Mediation Committee constituted under Article 71 for
consideration and resolution thereon” and all of the text in clause (3) was
replaced. Clause (3) previously read:
(3) If
a request is made under clause (2), the President shall summon a joint sitting;
and, if the Bill is passed in the joint sitting, with or without amendment, by
the votes of the majority of the total membership of the two Houses, it shall
be presented to the President for assent.
[66]
New Article 71 was inserted by the Legal Framework Order, 2002 (C. E’s. O. No.
24 of 2002), Article 3 and Schedule.
[67]
Clause (1) as amended, and clause (1A) as inserted, by the Legal Framework
Order, 2002 (C. E’s. O. No. 24 of 2002), Article 3 and Schedule. Clause (1) was
previously amended to omit the phrase “or Article 71” by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[68]
Article 75 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, Article 75 read:
75.
(1)
The President shall assent to a Bill within seven days after it has been
presented to him for assent under Article 70, Article 71 or Article 73 and if
the President fails to do so he shall be deemed to have assented to the Bill at
the expiration of the said period.
(2)
When the President has assented or is deemed to have assented to a Bill, it
shall become law and be called an Act of Parliament.
(3) No
Act of Parliament, and no provision in any such Act, shall be invalid by reason
only that some recommendation, previous sanction or consent required by the
Constitution was not given if that Act was assented to or deemed to have been
assented to in accordance with the Constitution.
[69]
Clause (1) as amended by the Constitution (Eighth Amendment) Act, 1985 (P.O.
No. 18 of 1985), s. 8, replacing “forty five” with “thirty.”
[70]
Clause (2) as amended by the Constitution (Eighth Amendment) Act, 1985 (P.O.
No. 18 of 1985), s. 8. It was also amended by the Legal Framework Order, 2002
(C. E’s. O. No. 24 of 2002), Article 3 and Schedule, to omit the words “in
joint sitting” and to replace “on by the votes of the majority of the members
of the both Houses present and voting” with “in accordance with Article 70.”
Previously, clause (2) read:
(2)
When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it
shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and,
if it is again passed with or without amendment, by the Majlis-e-Shoora
(Parliament), by the votes of the majority of the total membership of the two
Houses, it shall be again presented to the President and the President shall
assent thereto.
[71]
Clause (2)(a)(i) and (2)(a)(ii) amended by the Constitution (Second Amendment)
Order, 1985 (P.O. No. 20 of 1985), Article 2. For clause (2)(a)(i), to replace
“is with respect to a matter in Part I of the Federal Legislative List” with
“contains provisions dealing with all or any of the matters specified in clause
(2) of Article 73”; for clause (2)(a)(ii), to replace “is with respect to a
matter in Part 11 of the Federal Legislative List or a matter in the Concurrent
Legislative List” with “does not contain provisions dealing with any of the
matters referred to in sub-paragraph (i).”
[72]
Articles 90–95 as amended by the Revival of the Constitution of 1973 Order,
1985 (P.O. No. 14 of 1985), Article 2 and Schedule, to replace Articles 90–96.
[73]
Clause (1) renumbered and clause (2) inserted by the Constitution (Eighth
Amendment) Act, 1985 (P.O. No. 18 of 1985), s. 9.
[74]
Clause (2A) inserted by the Constitution (Eighth Amendment) Act, 1985 (P.O. No.
18 of 1985), s. 10.
[75]
The words, “or, as the case may be, invited under clause (2A)” inserted to
clause (3) by the Constitution (Eighth Amendment) Act, 1985 (P.O. No. 18 of
1985), s. 10.
[76]
Clause (5) as amended by the Constitution (Eighth Amendment) Act, 1985 (P.O.
No. 18 of 1985), s. 10. Previously, it read:
(5)
The Prime Minister shall hold office during the pleasure of the President, but
the President shall not exercise his powers under this clause unless he is
satisfied that the Prime Minister does not command the confidence of the
majority of the members of the National Assembly.
[77]
Article 96, “Vote of no confidence against Prime Minister,” omitted by
substitution through renumbering by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule. See Article 95.
[78]
Article 99 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, it read:
99.
(1)
Orders and other instruments made and executed in the name of the President
shall be authenticated in such manner as may be specified in rules to be made
by the Federal Government, and the validity of an order or instrument which is
so authenticated shall not be cal led in question on the ground that it is not
an order or instrument made or executed by the President.
(2)
The Federal Government may regulate the allocation and transaction of its
business and may for the convenient transaction of that business delegate any
of its functions to officers or authorities subordinate to it.
[79]
The words “in his discretion” and “after consultation with the Prime Minister”
were inserted to clause (1) by the Constitution (Eighth Amendment) Act, 1985,
s. 11, as previously amended. Subsequently, the words, “after consultation
with” were replaced with “on the advice of” by the Constitution (Thirteenth
Amendment) Act, 1997 (P.O. No. 1 of 1997), s. 3 and then reverted back to
“after consultation with” by the Legal Framework Order, 2002 (C. E’s. O. No. 24
of 2002), Article 3 and Schedule.
[80]
Clause (2A) and the proviso of clause (2) were omitted by the Constitution
(Eighth Amendment) Act, 1985, s.11. Previously, they read:
(2) .
. .
Provided
that, after the holding of the first general election to the National Assembly,
a person shall not be appointed to be the Governor of the province of which he
is permanent resident.
(2A)
Nothing contained in the proviso to clause (2) shall apply during the period
that an Order under paragraph (c) of clause (2) of Article 232 or a
Proclamation under Article 234 is in force.
[81]
Clause (3) as amended by the Constitution (First Amendment) Act, 1974 (P.O. No.
33 of 1974), s. 6 (w.e.f. May 4, 1974), to insert the phrase, “and shall be
entitled to such salary, allowances and privileges as the President may
determine.”
[82]
Clause (5) as inserted by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, and the phrase, “in any
contingency not provided for in this Part,” subsequently inserted by the
Constitution (Eighth Amendment) Act, 1985 (P.O. No. 18 of 1985), s. 11.
[83]
Article 105 was amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. It was subsequently amended by
the Constitution (Eighth Amendment) Act, 1985 (P.O. No. 18 of 1985), s. 12, to
replace the proviso under clause (1), to replace “for the Cabinet or a
Minister” with “or the Cabinet” in clause (2), and to replace “(3)” with “(2)”
in clause 5. Originally, Article 105 read:
(1)
Subject to the Constitution, in the performance of his functions, the Governor
shall act on and in accordance with the advice of the Chief Minister and such
advice of the Chief Minister and such advice shall be binding on him.
The
question whether any, and if so what, was tendered to the Governor by the Chief
Minister shall not be inquired into in any court.
[84]
Clause (1) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule.
[85]
Paragraph (b) of clause (2) as amended by the Revival of the Constitution of
1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule, to replace
“twenty one” with “eighteen.”
[86]
Proviso of paragraph (d) omitted and a colon replaced by a full stop by the
Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article
2 and Schedule.
[87]
Proviso of paragraph (c) as amended by the Legal Framework Order, 2002 (C. E’s.
O. No. 24 of 2002), Article 3 and Schedule, and further amended by the Legal
Framework Order, 2002 (C. E’s. O. No. 29 of 2002), Article 2.
[88]
Clauses (4)–(6) omitted by the Legal Framework Order, 2002 (C. E’s. O. No. 24
of 2002), Article 3 and Schedule.
[89]
Clause (1) renumbered and amended, and the explanation amended, by the
Constitution (Eighth Amendment) Act, 1985 (P.O. No. 18 of 1985), s. 14.
[90]
Clause (2) as inserted by the Constitution (Eighth Amendment) Act, 1985 (P.O.
No. 18 of 1985), s. 14.
[91]
Original paragraph (b) omitted by the Constitution (Thirteenth Amendment) Act,
1997 (P.O. No. 1 of 1997), s. 4 and inserted by the Legal Framework Order, 2002
(C. E’s. O. No. 24 of 2002), Article 3 and Schedule.
[92]
Clause (3) inserted by the Constitution (Seventeenth Amendment) Act, 2003 (P.O.
No. 3 of 2003), s. 4.
[93]
Article 113 replaced by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, it read:
113.
A
person shall not be qualified to be elected member of a Provincial Assembly
unless:
(a) he
is a citizen of Pakistan;
(b) he
is not less than twenty-five years of age;
(c) he
is enrolled as a voter in any electoral roll for election to the Assembly; and
(d) he
possesses such other qualifications as may be prescribed by Act of Parliament.
[94]
Article 116 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Originally, it read:
116.
(1)
When a Bill has been passed by the Provincial Assembly, it shall be presented
to the Governor for assent;
(2)
The Governor shall assent to a Bill within seven days after it has been
presented to him for assent, and if the Governor fails to do so he shall be
deemed to have assented to the Bill at the expiration of the said period.
(3)
When the Governor has assented or is deemed to have assented to a Bill, it
shall become law and be called an Act of the Provincial Assembly.
(4) No
Act of a Provincial Assembly, and no provision in any such Act, shall be
invalid by reason only that some recommendation, previous sanction or consent
required by the Constitution was not given if that Act was assented to or
deemed to have been assented to in accordance with the Constitution.
[95]
Clause (2) as amended by the Constitution (Eighth Amendment) Act, 1985 (P.O.
No. 18 of 1985), s. 15, to replace “forty-five” with “thirty.”
[96]
Clause (3) as amended by the Constitution (Eighth Amendment) Act, 1985 (P.O.
No. 18 of 1985), s. 15, to add that a bill will be reconsidered and that the
Governor cannot withhold assent of a bill passed gain by the Provincial
Assembly.
[97]
Paragraph (e) and (f) amended, and (g) inserted, by the Constitution (First
Amendment) Act, 1974 (P.O. No. 33 of 1974), s. 7 (w.e.f May 4, 1974).
[98]
Article 129 as amended to replace the original Articles 129, 130 and 131 by the
Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article
2 and Schedule. Article 129 and 130 originally read:
129.
(1)
Subject to the Constitution, the executive authority of the province shall be
exercised in the name of the Governor by the Provincial Government, consisting
of the Chief Minister and Provincial Ministers, which shall act through the
Chief Minister.
(2) In
the performance of his functions under the Constitution, the Chief minister may
act either directly or through the Provincial Ministers.
(3)
The Chief Minister and the Provincial Ministers shall be collectively
responsible to the Provincial Assembly.
[99]
Article 130 as amended to replace the original Articles 129, 130 and 131 by the
Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article
2 and Schedule. Article 130 originally read:
130.
The
Chief Minister shall keep the Governor informed on matters relating to
Provincial administration and on all legislative proposals the Provincial
Government intends to bring before the Provincial Assembly.
[100]
Clause (2A), the phrase “or, as the case may be, invited under clause (2A)” in
clause (3), and clause (5) inserted by the Constitution (Eighth Amendment) Act,
1985 (P.O. No. 18 of 1985), s. 16.
[101]
Article 131 as amended to replace the original Articles 129, 130 and 131 by the
Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article
2 and Schedule. Article 131 originally read:
131.
(1)
The Provincial Assembly shall meet on the thirtieth day following the day on
which a general election to the Assembly is held, unless sooner summoned by the
Governor.
(2)
After the election of the Speaker and the Deputy Speaker, the Provincial
Assembly shall, to the exclusion of any other business, proceed to elect
without debate one of its members to be the Chief Minister.
(3)
The Chief Minister shall be elected by the votes of the majority of the total
membership of the Provincial Assembly.
Provided
that, if no member secures such majority in the first poll, a second poll shall
be held between the members who secure the two highest numbers of votes in the
first poll and the member who secures a majority of votes of the members
present and voting shall be declared to have been elected as Chief Minister;
Provided
further that, if the number of votes secured by two or more members securing
the highest number of votes is equal, further polls shall be held between them
until one of them secures a majority of votes of the members present and voting.
(4)
The member elected under clause (3) shall be called upon by the Governor to
assume the office of Chief Minister and he shall before entering upon the office
make before the Governor oath in the form set out in the Third Schedule.
[102]
Articles 132 and 133 as amended by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[103]
Article 134 omitted by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, Article 134 read:
134.
(l)
Subject to clause (2), the Chief Minister may by writing under his hand
addressed to the Governor, resign his office and, when the Chief Minister
resigns, the Provincial Ministers shall cease to hold office.
(2)
The Chief Minister and, at the request of the Chief Minister, a Provincial
Minister, shall continue to perform the functions of the office of Chief
Minister or, as the case may be, Provincial Minister until a new Chief Minister
has been elected and has entered upon his office.
(3) If
the Provincial Assembly is in session at the time when the Chief Minister
resigns his office, the Assembly shall forthwith proceed to elect a Chief
Minister, and if the Assembly is not in session the Governor shall for that
purpose summon it to meet within fourteen days of the resignation.
[104]
Article 135 omitted by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, Article 135 read:
135.
(1) In
the event of the death of the Chief Minister or of the office of Chief Minister
becoming vacant by reason of his ceasing to be a member of the Provincial
Assembly, the most senior Provincial Minister for the time being shall be
called upon by the Governor to perform the functions of that office and the
Provincial Ministers shall continue in office until a new Chief Minister has
been elected and has entered upon his office.
(2) If
the Provincial Assembly is in session at the time when the Chief Minister dies
or the office of Chief Minister becomes vacant, the Assembly shall forthwith
proceed to elect a Chief Minister, and if the Assembly is not in session the
Governor shall for that purpose summon it to meet within fourteen days of the
death of the Chief Minister or, as the case may be, of the office becoming
vacant.
(3)
When the Chief Minister, by reason of absence from Pakistan or any other cause,
is unable to perform his functions, the most senior Provincial Minister for the
time being shall perform the functions of Chief Minister until the Chief
Minister returns to Pakistan or, as the case may be, resumes his functions.
(4) In
this Article, “most senior Provincial Minister” means the Provincial Minister
for the time being designated as such by the Chief Minister.
[105]
Article 136 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule.
[106]
Article 139 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, it read:
139.
(1)
Order, and other instruments made and executed in the name of the Governor
shall be authenticated in such manner as may be specified in rules to be made
by the Provincial Government, and the validity of an order or instrument which
is so authenticated shall not be called in question on the ground that it is
not an order or instrument made or executed by the Governor.
(2)
The Provincial Government may regulate the allocation and transaction of its
business and may for the convenient transaction of that business delegate any
of its functions to officers or authorities subordinate to it.
[107]
Article 140A as inserted by the Legal Framework Order, 2002 (C. E’s. O. No. 24
of 2002), Article 3 and Schedule.
[108]
Clause (2) omitted by the Constitution (Eighth Amendment) Act, 1985 (P.O. No.
18 of 1985), s. 17.
[109]
Article 152A omitted by the Constitution (Seventeenth Amendment) Act, 2003
(P.O. No. 3 of 2003), s. 5, as amended by the Legal Framework (Second
Amendment) Order, 2002 (C. E’s. O. No. 32 of 2002). Previously, it read:
152A.
National Security Council
(1)
There shall be a National Security Council to serve as a forum for consultation
on strategic matters pertaining to the sovereignty, integrity and security of
the State; and the matters relating to democracy, governance and
inter-provincial harmony.
(2)
The President shall be the Chairman of the National Security Council and its
other members shall be the Prime Minister, the Chairman of the Senate, the
Speaker of the National Assembly, the Leader of the Opposition in the National
Assembly, the Chief Ministers of the Provinces, the Chairman Joint Chiefs of
Staff Committee, and the Chiefs of Staff of the Pakistan Army, Pakistan Navy
and Pakistan Air Force.
(3)
Meetings of the National Security Council may be convened by the President
either in his discretion, or on the advice of the Prime Minister, or when
requested by any other of its members, within the time frame indicated by him
regularly.
[110]
Paragraph (ii) amended by the Constitution (Fifth Amendment) Act, 1976 (62 of
1976), s. 3 (w.e.f September 13, 1976), to expand on the specific type of goods
at issue.
[111]
Article 165A as inserted by the Constitution (Amendment) Order, 1985 (P.O. No.
11 of 1985), Article 2 (w.e.f. February 24, 1985).
[112]
Clause (3) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, replacing “five” with “fourteen.”
[113]
Article 179 as amended by the Constitution (Seventeenth Amendment) Act, 2003
(P.O. No. 3 of 2003), s. 6, to remove the numbering of clause (1), inserted
when clauses (2)–(6) were inserted by the Constitution (Fifth Amendment) Act,
1976 (62 of 1976), s. 5 and the Constitution (Sixth Amendment) Act, 1976 (84 of
1976); and subsequently, omitted by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[114]
Article 180 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to specify from which pool of Judges
the Chief Justice would be appointed.
[115]
Explanation of clause (1) in Article 181 inserted by the Constitution
(Amendment) Order, 1982 (P.O. No. 2 of 1982), Article 2.
[116]
Article 186A as inserted by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule.
[117]
Clause (1) as amended by the Constitution (Fifth Amendment) Act, 1976 (62 of
1976), s. 7 (w.e.f. September 13, 1976), to replace “The” with “Subject to
clause (2) of Article 175, the.”
[118]
Clauses (2) and (3) as amended by, and clause (4) renumbered by, the
Constitution (Fifth Amendment) Act, 1976 (62 of 1976), s. 8 (w.e.f. December 1,
1976). Previously, clauses (2)–(4) read:
(2)
Notwithstanding anything contained in Article 175, any two provinces may, with
the consent of the President, agree that there shall be a common High Court for
the two Provinces, and the President shall establish a common High Court
accordingly.
Explanation.—The
Sind and Baluchistan High Court as functioning immediately before the
commencing day shall be deemed to have been established under this clause.
(3) A
High Court established under clause (2) shall have jurisdiction in both the
Provinces for which it has been established.
(4)
The agreement referred to in clause (2) shall contain such incidental and
consequential provisions, including provisions relating to sharing of
expenditure connected with the high Court, as may appear necessary or desirable
for giving effect to the purposes of the agreement and shall specify by which
Governor any function which is to be discharged by the Governor of a Province
under this Chapter shall be discharged in respect of the High Court, and the
Governor so specified shall have the power to discharge that function.
[119]
Clause (2) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, replacing “forty” with “forty-five.”
[120]
Explanation to clause (2) inserted by the Constitution (First Amendment) Act,
1974 (33 of 1974), s. 8 (w.e.f. May 4, 1974).
[121]
Article 195 as amended by the Constitution (Fifth Amendment) Act, 1976 (62 of
1976), s. 9, to remove the numbering of clause (1), inserted when clauses
(2)–(6) were inserted by the Constitution (Fifth Amendment) Act, 1976 (62 of
1976), s. 5; the Constitution (Sixth Amendment) Act, 1976 (84 of 1976); and
subsequently, clauses (2)–(6) omitted by the Revival of the Constitution of
1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule. It was amended
by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of 2002), Article 3 and
Schedule, to replace “sixty-two” with “sixty-five”, and most recently almost
entirely amended by the Constitution (Seventeenth Amendment) Act, 2003 (P.O.
No. 3 of 2003).
[122]
Article 196 as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to remove the requirement of
appointing a Judge who has not previously held the office of Chief Justice.
[123]
Clause (1) renumbered and clauses (2)–(5) inserted by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[124]
Clause (3) as amended by the Constitution (First Amendment) Act, 1974 (33 of
1974), s. 9 (w.e.f. May 4, 1974), to include those subject to the laws of the
Armed Forces.
[125]
Clauses (3A), (3B) and (3C) omitted by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule. Previously, as
amended by the Constitution (Amendment) Order, 1980 (P.O. No. 1 of 1980), s. 2
(w.e.f. May 26, 1980), they read:
(3A)
Notwithstanding any judgment of any Court, including any judgment in respect of
the powers of Courts relating to judicial review, a High Court shall not, under
this Article:—
(a)
make an order relating to the validity or effect of, any Martial Law Regulation
made by the Chief Martial Law Administrator or any Martial Law Order made by
the Chief Martial Law Administrator or a Martial Law Administrator or of
anything done, or intended to be done or taken, thereunder;
(b)
make an order relating to the validity or effect of any judgment or sentence
passed by a Military Court or Tribunal;
(c)
grant an injunction, make any order or entertain any proceedings in respect of
any matter to which the jurisdiction of a Military Court or Tribunal extends
and of which cognizance has been taken by a Military Court or Tribunal; or
(d)
issue any process against the Chief Martial Law Administrator or a Martial Law
Administrator or any person acting under the authority of either.
(3B)
Every such order, injunction or process as is referred to in clause (3A) made,
granted or issued at any time before or after the commencement of the
Constitution (Amendment) Order, 1980, shall, notwithstanding any judgment of
any Court, be null and void and of no effect whatsoever and any proceedings for
the making, granting or issue Of such order, injunction or process which may be
pending before any Court, including the Supreme Court and a High Court, shall
abate.
(3C)
The Proclamation of the fifth day of July 1977, all President’s Orders, Orders
of the Chief Martial Law Administrator, Martial Law Regulations and Martial Law
Orders made on or after the fifth day of July 1977, are hereby declared,
notwithstanding any judgment of any Court, to have been validly made.
[126]
Clause (4) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to add the phrase “or State
property.”
[127]
Clause (4A) as inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of
1975), s. 8 (w.e.f. November 21, 1975); subsequently amended by the Revival of
the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and
Schedule, to replace “sixty days” with “six months”; also amended by the Legal
Framework Order, 2002 (C. E’s. O. No. 24 of 2002), Article 3 and Schedule, to
add the proviso.
[128]
Clause (4B), previously amended by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule, was omitted by the
Legal Framework Order, 2002 (C. E’s. O. No. 24 of 2002), Article 3 and
Schedule. Previously, it read:
(4B)
Every case in which, on an application under clause (1), the High Court has
made an interim order shall be disposed of by the High Court on merits within
six months from the day on which it is made, unless the High Court is prevented
from doing so for sufficient cause to be recorded.
[129]
Proviso and explanation as inserted by the Constitution (Fifth Amendment) Act,
1976 (62 of 1976), s. 12 (w.e.f. September 13, 1976). Subsequently, the proviso
was amended by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14
of 1985), Article 2 and Schedule, to replace “one year” with “two years”; and
the explanation amended by the Constitution (Third Amendment) Order, 1985 (P.O.
No. 24 of 1985), Article 3, to broaden the definition of “judge” to include
those acting as Chief Justice under paragraph (b) of Article 196.
[130]
Clause (2) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule. Previously, it read:
(2)
When a judge is so transferred, he snail, during the period for which he serves
as a judge of the High Court to which he is transferred, be entitled to such
compensatory allowance, in addition to his salary, as the President may, by
Order, determine.
[131]
Clause (3) as inserted by the Constitution (First Amendment) Act, 1974 (33 of
1974), s. 10 (w.e.f. May 4, 1974) and the explanation as inserted by the
Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article
2 and Schedule.
[132]
Clause (4) as inserted by the Constitution (Third Amendment) Act, 1985 (P.O.
No. 24 of 1985), Article 3.
[133]
Chapter 3A as amended by the Constitution (Amendment) Order, 1980 (P.O. No. 1
of 1980), Article 3, (w.e.f. May 26, 1980). Previously, it was entitled:
CHAPTER
3A
Shariat
Bench of Superior Courts
[134]
Article 203B as amended by the Constitution (Amendment) Order, 1980 (P.O. No. 1
of 1980), Article 3, (w.e.f. May 26, 1980). Previously, it read:
203B.
Conferment of jurisdiction on High Court
(1) A
High Court may, on the petition of a citizen of the Pakistan or the Federal
Government or a Provincial Government, examine and decide the question whether
or not any law or provision of law is repugnant to the injunctions of Islam as
laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereafter in
this Chapter referred to as the Injunctions of Islam.
Explanation.—In
this Chapter, “law” includes any custom or usage having the force of law but
does not include the Constitution, Muslim Personal law, any law relating to the
procedure of any Court or tribunal or, until the expiration of three years from
the commencement of this Chapter, any fiscal law, or any law relating to the
collection of taxes and fees or banking insurance practice and procedure.
(2) If
the High Court decides that any law or provision of law is repugnant to the
Injunctions of Islam, it shall set out in its decision:
(a)
the reasons for its holding that opinion; and
(b)
the extent to which such law or provision is so repugnant; and specify the day
on which the decision shall take effect.
(3)
Every decision of the High Court shall be published in the official Gazette.
(4) If
any law or provision of law is held by the High Court to be repugnant to the
Injunction of Islam,—
(a)
the President in case of a law with respect to a matter in the Federal
Legislative list or the Concurrent Legislative List, or the Governor in the
case of a law with respect to a matter not enumerated in either of those lists,
shall take steps to amend the law so as to bring such law or provision into
conformity with the injunctions of Islam; and
(b)
such law or provision shall to the extent to which it is held to be so
repugnant, cease to have effect on the day on which the decision of the High
Court takes effect.
(5) A
party to any proceedings before the High Court under clause (1) may be
represented by a legal practitioner who is a Muslim who has been enrolled as an
advocate of a High Court for a period of not less than five years or as an
advocate of the Supreme Court or by a jurisconsult selected by the party from
out of a panel of jurisconsults maintained by the High Court for the purpose.
(6)
For being eligible to have his name borne on the panel of jurisconsults
referred to in clause (5), a person shall be an aalim who, in the opinion of
the high Court , is well versed in Shariat.
(7) A
legal practitioner or jurisconsult representing a party before the High Court
shall not plead for the party but shall state, expound and interpret the
injunctions of Islam relevant to the proceedings so far as may be known to him
and submit to the Court a written statement of his interpretation of such
Injunctions of Islam.
(8)
The High Court may invite any person in Pakistan or abroad whom the High Court
considers to be well versed in Islamic law to appear before it and render such
assistance as may be required of him.
(9) No
court fee shall be payable in respect of any petition or application made to a
High Court under this Article.
(10)
For the purpose of the exercise of the jurisdiction conferred by Article, there
shall be constituted in each High Court a Bench consisting of three Muslim
Judges of the High Court, to be called the Shariat Bench; and reference in the
preceding clause to the High Court shall be construed as a reference to the
Shariat Bench.
[135]
Clause (a) as amended by, and clause (bb) as inserted by, the Constitution
(Second Amendment) Order, 1982 (P.O. No. 5 of 1982), Article 2. Previously,
clause (a) read:
(a)
“Chairman” means chairman of the Court;
[136]
Clause (c) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to replace “five” with “ten.”
[137]
Clause (d) omitted by the Constitution (Second Amendment) Order, 1982 (P.O. No.
5 of 1982), Article 2. Previously, it read:
(d)
“member” means member of the Court.
[138]
Article 203C as amended by the Constitution (Amendment) Order, 1980 (P.O. No. 1
of 1980), Article 3, (w.e.f. May 26, 1980). Previously, it read:
203C.
Appeal to Supreme Court
(l)
Any party in any proceedings before a High Court under Article 203B aggrieved
by the final decision of the High Court in such proceedings may, within sixty
days of such decision, prefer an appeal to the Supreme Court.
(2)
The provisions of clauses (2) to (9) of Article 203B shall apply to and in
relation to the Supreme Court as if reference in those provisions to High Court
were a reference to the Supreme Court.
(3)
For the purpose of the exercise of the jurisdiction conferred by this Article,
there shall be constituted in the Supreme Court a Bench consisting of three
Muslim Judges of the Supreme Court, to be called the Shariat Appellate Bench;
and reference in the preceding clauses to the Supreme Court shall be construed
as a reference to the Shariat Appellate Bench.
[139]
Clause (2) amended by the Constitution (Second Amendment) Order, 1981 (P.O. No.
7 of 1981), Article 2; the Constitution (Second Amendment) Order, 1982 (P.O.
No. 5 of 1982), Article 2, to replace “Judges” with “members” and “Chairman”
for “Chief Justice.”
[140]
Clause (3) as amended and clause (3A) as inserted by the Constitution (Third
Amendment) Order, 1985 (P.O. No. 24 of 1985). Previously, clause (3) read:
(3)
The Chairman shall be a person who is, or has been or is qualified to be a
Judge of the Supreme Court and a member shall be a person who is, or has been
or is qualified to be a Judge of a High Court.
[141]
Clause (4) as amended by the Constitution (Second Amendment) Order, 1982 (P.O.
No. 5 of 1982), Article 2, to replace “Chairman” with “Chief Justice” and
“members” for “Judge.”
[142]
Proviso to clause (4) as amended by the Constitution (Third Amendment) Order,
1985 (P.O. 24 of 1985), Article 4, to replace “one year” for “two years”; by
the Constitution (Second Amendment) Order, 1980 (P.O. No. 4 of 1980), Article
2, to insert “a Judge”; and by the Constitution (Second Amendment) Order, 1982
(P.O. No. 5 of 1982), Article 2, to insert the exception of a Chief Justice.
[143]
Clause (4A) as inserted by the Constitution (Second Amendment) Order, 1980
(P.O. No. 4 of 1980), Article 2 and amended by the Constitution (Second
Amendment) Order, 1982 (P.O. No. 5 of 1982), Article 2, to replace “Chairman”
with “Chief Justice” and “members” for “Judge.”
[144]
Clause (4B) as inserted by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule.
[145]
Clauses (5)–(9) as amended by the Constitution (Second Amendment) Order, 1982
(P.O. No. 5 of 1982), Article 3, to replace “member” with “Judge” in Clauses
(5), (8) and (9), and “Chairman” with “Chief Justice” in clauses (6), (7), (8)
and (9).
[146]
Clause 9 also amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, to replace “salary” with “remuneration”, and to
add the proviso, with a colon replacing the full stop at the end of the clause.
[147]
203CC omitted by the Constitution (Second Amendment) Order, 1981 (P.O No.7 of
1981) Article 3, as inserted by the Constitution (Amendment) Order, 1981 (P.O.
No.5 of 1981) Article 2. Previously, it read:
203CC.
Panel of Ulema and Ulema members
(l)
The President may, in consultation with the Chairman, draw up a panel of Ulema
who are well-versed in Islamic law for being associated with the Court in cases
before it.
(2)
The Chairman shall, in all cases before the Court, request the Ulema not
exceeding three, borne on aforesaid panel to attend the sittings of the Court
as Ulema members and, while so sitting, they shall have the same power and
jurisdiction, and be entitled to the same privileges, as a member and such
allowances as may be determined by the President.
[148]
Article 203D as amended by the Constitution (Amendment) Order, 1980 (P.O. No. 1
of 1980), Article 3, (w.e.f. May 26, 1980). Previously, it read:
203D.
Pending proceedings to continue
Nothing
in Article 203B or Article 203C shall be deemed to require any proceedings
pending in any court or tribunal immediately before the commencement of this
Chapter, or initiated after such commencement, to be adjourned or stayed by
reason of a petition having been made to a High Court or the Supreme Court for
a decision as to whether or not a law or provision of law relevant to the
decision of the point in issue to such proceedings is repugnant to the
Injunctions of Islam ; and such proceedings shall continue, and the point in
issue therein shall be decided, in accordance with the law for the time being
in force.
[149]
Clause (1) as amended by the Constitution (Second Amendment) Order, 1982 (P.O.
No. 5 of 1982), Article 4, to insert the phrase “either of its own motion or.”
[150]
Clause (1A) as inserted by the Constitution (Amendment) Order, 1984 (P.O. No. I
of 1984), Article 2.
[151]
Proviso of clause (2) inserted, and deemed to always have been so inserted, by
the Constitution (Amendment) Order, 1984 (P.O. No. I of 1984), Article 2.
[152]
Clause (4) omitted by the Constitution (Second Amendment) Order, 1980 (P.O. No.
4 of 1980), Article 3. Previously, it read:
(4) A
decision of the Court shall be expressed in terms of the opinion of the
majority of its members and shall be published in the official Gazette.
[153]
Article 203DD as amended by the Constitution (Second Amendment) Order, 1982
(P.O. No. 5 of 1982), s. 5. Previously, it read:
203DD.
Further jurisdiction of the Court
The
Court shall have such other jurisdiction as may be conferred on it by or under
any law.
[154]
Article 203E as amended by the Constitution (Amendment) Order, 1980 (P.O. No. 1
of 1980), Article 3, (w.e.f. May 26, 1980). Previously, it read:
203E.
Power to make rules
(l)
The Supreme Court, in consultation with the High Courts, may, by notification
in the official Gazette, make rules for carrying out the purposes of this
Chapter.
(2) In
particular, and without prejudice to the generality of the foregoing power,
such rules may make provision in respect of all or any of the following matters—
(a)
regulation of the practice and procedure of a High Court and the Supreme Court
in the exercise of Jurisdiction under this Chapter;
(b)
the maintenance by a High Court and the Supreme Court of a panel of
jurisconsults and of ulema who may be invited by the High Court or, as the case
may be, Supreme Court to appear before it and render assistance to it in the
performance of its functions under this Chapter and the qualification of such
ulema; and
(c)
the scale of payment of the honorarium, travelling allowance and daily allowance
to be paid to ulema, jurisconsults, experts and witnesses summoned by the High
Court or the Supreme Court in the performance of its functions under this
Chapter.
[155]
Clause (8) as amended by the Constitution (Second Amendment) Order, 1980 (P.O.
No. 4 of 1980), Article 5, to replace “this Article” with “Article 203D.”
[156]
Clause (9) as inserted by the Constitution (Amendment) Order, 1981 (P.O. No. 5
of 1981), Article 3.
[157]
Proviso inserted by the Constitution (Third Amendment) Order, 1983 (P.O. No. 9
of 1983), Article 2.
[158]
Clause (2A) inserted by the Constitution (Second Amendment) Order, 1982 (P.O.
No. 5 of 1982), Article 6.
[159]
Clause (3) as amended and clauses (4)–(6) as inserted by the Constitution
(Third Amendment) Order, 1982 (P.O. No. 12 of 1982), Article 2.
[160]
Article 203GG inserted by the Constitution (Second Amendment) Order, 1982 (P.O.
No. 5 of 1982), Article 7.
[161]
Article 203I omitted by the Constitution (Second Amendment) Order, 1982 (P.O.
No. 5 of 1982), Article 8. Previously, it read:
203I.
Administrative arrangements, etc.
The
Federal Government shall make all such administrative arrangements, and make
available to the Court the services of such officers and experts, as it may
consider necessary for the convenient performance of the functions of the Court.
[162]
Paragraphs (c), (d) and (e) inserted by the Constitution (Second Amendment)
Order, 1980 (P.O. No. 4 of 1980), Article 6.
[163]
Clause (2) as amended by and clause (3) inserted by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule,
to specify the punishable acts of the Court.
[164]
Clause (1) renumbered and clause (2) inserted by the Constitution (Fifth
Amendment) Act, 1976 (62 of 1976), s. 14 (w.e.f. September 13, 1976).
[165]
Article 208 as amended by the Constitution (Second Amendment) Act, 1982 (P.O.
No. 5 of 1982), Article 9, to insert the phrase, “and the Federal Shariat
Court.”
[166]
Explanation of clause (2) as amended by the Constitution (First Amendment) Act,
1974 (33 of 1974), s. 11 (w.e.f. May 4, 1974), to insert the phrase “otherwise
than as acting Chief Justice.”
[167]
Clause (5) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, to allocate the ability of the Council to make
its own inquiry.
[168]
Clause (1) and paragraph (a) as amended, and always deemed to have been so
amended, by the Constitution (First Amendment) Act, 1974 (33 of 1974), s. 12,
to replace in clause (1) “establish” with “provide for the establishment of”
and to insert in paragraph (a), “who are or have been.”
[169]
Clause (2) as amended, and always deemed to have been so amended, by the
Constitution (First Amendment) Act, 1974 (33 of 1974), s. 12, to insert “and
all proceedings in respect of any such matter which may be pending before such
other court immediately before the establishment of the Administrative Court or
Tribunal shall abate on such establishment”; and by the Constitution (Fifth
Amendment) Act, 1976 (62 of 1976), s. 15, to insert “; other than an appeal
pending before the Supreme Court,”.
[170]
Article 212A omitted by S.R.O No. 1278(1)85 of December 30, 1985 issued by the
Ministry of Justice. Previously, it read:
212A.
(1)
Notwithstanding anything herein before contained, the Chief Martial Law
Administrator may, by a Martial Law Order, provide for the establishment of one
or more Military Courts or Tribunals for the trial of offenses punishable under
the Martial Law Regulations or Martial law Orders or any other law, including a
special law, for the time being in force specified in the said Martial Law
Order and for the transfer of cases to such Courts or Tribunals.
(2)
The jurisdiction and powers of a Military Court or Tribunal shall be such as
may be specified in a Martial Law Order issued by the Chief Martial Law
Administrator.
(3)
Notwithstanding anything herein before contained, where any Military Court or
Tribunal is established, no other court, including a High Court, shall grant an
injunction, make any order or entertain any proceedings in respect of any
matter to which the jurisdiction of the Military Court or Tribunal extends and
of which cognizance has been taken by, or which has been transferred to, the
Military Court or Tribunal and all proceedings in respect of any such matter
which may be pending before Court, shall abate.
[171]
Article 212B was repealed by the Constitution (Twelfth Amendment) Act, 1991
(P.O. No. 14 of 1991), s. 1 (w.e.f. July 16, 1994). Previously, it read:
212B.
Establishment of Special Courts for trial heinous offences
(1) In
order to ensure speedy trial of cases of persons accused of the heinous
offences specified by law as are referred to them by the Federal Government, or
an authority or person authorized by it, in view of their being gruesome,
brutal and sensational in character or shocking to public morality, the Federal
Government may by law constitute as many Special Courts as it may consider
necessary.
(2)
Where the Federal Government constitutes more than one Special Court, it shall
determine the territorial limits within which each one of them shall exercise
jurisdiction.
(3) A
Special Court shall consist of a Judge, being a person who is, or has been or
is qualified for appointment as, a Judge of a High Court and is appointed by
the Federal Government after consultation with the Chief Justice of the High
Court.
(4) A
person other than a Judge of a High Court who is appointed as a Judge of a
Special Court shall hold office for the period this Article remains in force
and shall not be removed from office except in the manner prescribed in Article
209 for the removal from office of a Judge, and, in the application of the said
Article for the purposes of this clause, any reference in that Article to a
Judge shall be construed as a reference to a Judge of a Special Court.
(5)
The law referred to in clause (1) shall make provision for the constitution of
as many Supreme Appellate Court as the Federal Government may consider
necessary and an appeal against the sentence or final order of a Special Court
being preferred to a Supreme Appellate Court which shall consist of—
(a) a
Chairman, being a Judge of the Supreme Court to be nominated by the Federal
Government after consultation with the Chief Justice of Pakistan, and
(b)
two Judges of the High Courts to be nominated by the Federal Government after
consultation with the Chief Justice of the High Court concerned.
(6)
Where the Federal Government constitutes more than one Supreme Appellate Court,
it shall determine the territorial limits within which each one of them shall
exercise Jurisdiction.
(7) A
Special Court and a Supreme Appellate Court shall decide a case or , as the
case may be, an appeal with thirty days.
(8)
Notwithstanding anything contained in the Constitution, no Court shall exercise
any jurisdiction whatsoever in relation to any proceedings before, or order or
sentence passed by a Special Court or a Supreme Appellate Court constituted
under a law referred to in clause (1), except as provided in such law.
[172]
Clause (1) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to insert the phrase “in his
discretion.”
[173]
Clause (1) as amended almost in its entirety by the Legal Framework Order, 2002
(C. E’s. O. No. 24 of 2002), Article 3 and Schedule. Previously, it read:
(1)
For the purpose of each general election to the National Assembly and to a
Provincial Assembly, an Election Commission shall be constituted in accordance
with this Article.
[174]
Paragraph (b) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24
of 2002), Article 3 and Schedule, to replace “two” with “four” and to insert
“from each Province.”
[175]
Clause (1) amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, to replace “preceding” for “following” and to
insert the proviso.
[176]
Clause (4) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, to insert the term, “general.”
[177]
Clauses (6) and (7) inserted by the Legal Framework Order, 2002 (C. E’s. O. of
No. 24 of 2002), Article 3 and Schedule.
[178]
Article 226 as amended by the Constitution (Third Amendment) Order, 1985 (P.O.
No. 24 of 1985), s. 5, to omit the phrase, “other than those of the Prime
Minister and a Chief Minister.”
[179]
Clause (1) explanation inserted by the Constitution (Third Amendment) Order,
1980 (P.O. No. 14 of 1980), Article 2.
[180]
Clause (2) as amended by the Constitution (Fourth Amendment) Order, 1980 (P.O.
No. 16 of 1980), Article 2, to replace “fifteen” with “twenty.”
[181]
Clause (4) as amended by the Constitution (Fourth Amendment) Order, 1982 (P.O.
No. 13 of 1982), s. 2, to remove the restriction to only appoint the Chairman
from those who were Judges for the Supreme or High Courts.
[182]
Paragraph (a) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to broaden the matters in which
Parliament may legislate.
[183]
Paragraph (b) of clause (7) as amended by the Constitution (Third Amendment)
Act, 1975 (P.O. No. 22 of 1975), s. 3 (w.e.f. February 13, 1975). Previously,
it read:
(b) may
by resolution of a joint sitting, be continued in force for a period not
exceeding six months at a time
[184]
Article 239 as amended by the Constitution (Second Amendment) Order, 1985 (P.O.
No. 20 of 1985), Article 3.
[185]
Article 242, Clause (1A) inserted by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[186]
Article 243, Clause (1A) inserted by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[187]
Paragraph (c) omitted, and paragraphs (a) and (b) amended therefor, by the
Legal Framework Order, 2002 (C. E’s. O. No. 24 of 2002), Article 3 and Schedule.
[188]
Clause (3) inserted by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, and amended by the Constitution (Seventeenth
Amendment) Act, 2003 (P.O. No. 3 of 2003), s. 8, to replace “in his discretion”
with “in consultation with the Prime Minister.”
[189]
Clause (1) renumbered and clauses (2)–(4) inserted by the Constitution (Seventh
Amendment) Act, 1977 (P.O. No. 23 of 1977), s. 4 (w.e.f. April 21, 1977).
[190]
Subparagraph (b)(i) as amended by the Constitution (Sixth Amendment) Act, 1976
(P.O. No. 84 of 1976), s. 4 (w.e.f October 1, 1976), to insert the Kohistan
district and to replace “Hazara” with “Mansehra.”
[191]
Subparagraphs (v) and (va) as amended by the Constitution (Sixth Amendment)
Act, 1976 (P.O. No. 84 of 1976), s. 4 for the original subparagraph (v).
[192]
Clause (1) as amended by the Constitution (First Amendment) Act, 1974 (P.O. No.
33 of 1974), s. 13, to omit “, a Governor”.
[193]
Clause (2) as amended by the Constitution (First Amendment) Act, 1974 (P.O. No.
33 of 1974), s. 13, to omit twice the phrase, “, a Governor”.
[194]
Clause (1) as amended by the Revival of the Constitution of 1973 Order, 1985
(P.O. No. 14 of 1985), Article 2 and Schedule, to include the preference for
Urdu to be used.
[195]
Clauses (2) and (3) as amended by the Constitution (First Amendment) Act, 1974
(P.O. No. 33 of 1974), s. 14, to insert the phrase, “, meritorious service in
the Armed Forces”; and clause (2) subsequently amended by the Constitution
(Third Amendment) Order, 1981 (P.O. No. 12 of 1981), Article 2, to replace “or
academic distinction” with the more specific “, academic distinction or
distinction in the field of sports or nursing.”
[196]
Definition inserted by the Constitution (First Amendment) Act, 1974 (P.O. No.
33 of 1974), s. 14.
[197]
Definition inserted by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule.
[198]
Definition of “service of Pakistan” amended by the Constitution (First
Amendment) Act, 1974 (P.O. No. 33 of 1974), s. 15 (w.e.f. May 4, 1974), to
insert “Attorney-General, Parliamentary Secretary”; by the Constitution (Fifth
Amendment) Act, 1976 (P.O. No. 62 of 1976), s. 16, to insert
“Advocate-General,”; and by the Constitution (Sixth Amendment) Act, 1976 (P.O.
No. 84 of 1976), s. 5, to insert “Chairman or member of a Law Commission, Chairman
or member of the Council of Islamic Ideology, Special Assistant to the Prime
Minister, Adviser to the Prime Minister, Special Assistant to a Chief Minister,
Adviser to a Chief Minister.”
[199]
Clause (3) as amended by the Constitution (Third Amendment) Order, 1985 (P.O.
No. 24 of 1985), Article 6.
[200]
Clause (2) as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule, to insert the phrases, “, expressly or
impliedly,” and “accorded after consultation with the Prime Minister.”
[201]
Proviso to clause (2) inserted by the Constitution (Seventeenth Amendment) Act,
2003 (P.O. No. 3 of 2003), s. 9.
[202]
Articles 270A and 270B inserted by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule. Subsequently,
Article 270A was amended by the Constitution (Eighth Amendment) Act, 1985 (P.O.
No. 18 of 1985), s. 19. Previously, it read:
270A.
(1)
The Proclamation of the fifth day of July, 1977, all President’s Orders,
Martial Law Regulations, Martial Law Orders and all other laws made between the
fifth day of July, 1977, and the date on which this Article comes into force,
are hereby declared, notwithstanding any judgment of any court, to have been
validly made by competent authority and, notwithstanding anything contained in
the Constitution, shall not be called in question in any court on any ground
whatsoever.
(2)
All orders made, proceedings taken and acts done by any authority, or by any
person, which were made, taken or done, or purported to have been made, taken
or done, between the fifth day of July, 1977, and the date on which this
Article comes into force, in exercise of the powers derived from any
Proclamation, President’s Orders, Martial Law Regulations, Martial Law Orders,
enactments, notification, rules, orders or bye-laws, or in execution of or in
compliance with any order made or sentence passed by any authority in the
exercise or purported exercise of powers as aforesaid, shall, notwithstanding
any judgment of any court, be deemed to be and always to have been validly
made, taken or done and shall not be called in question in any court on any
ground whatsoever.
(3)
All President’s Orders, Martial Law Regulations, Martial Law Orders,
enactments, notifications, rules, orders or bye-laws in force immediately
before the date on which this Article comes in to force shall continue in force
until altered, repealed or amended by competent authority.
(4) No
suit, prosecution or other legal proceedings shall lie in any court against any
authority or any person, for or on account of or in respect of any order made,
proceedings taken or act done whether in the exercise or purported exercise of
the powers referred to in clause (2) or in execution of or in compliance with
orders made or sentences passed in exercise or purported exercise of such
powers.
(5)
For the purposes of clauses (1), (2) and (4), all orders made, proceedings
taken, acts done or purporting to be made, taken or done by any authority or
person shall be deemed to have been made, taken or done in good faith and for
the purpose intended to be served thereby.
(6)
The President’s Orders referred to in clause (1) shall not be altered, repealed
or amended without the previous sanction of the President.
Explanation.—In
this Article, “President’s Orders” includes “President and Chief Martial Law
Administrator’s Order, and Chief Martial Law Administrator’s Orders.”
[203]
Article 270AA as inserted by the Legal Framework (Amendment) Order, 2002 (C.
E’s. O. No. 24 of 2002) and as amended by the Constitution (Seventeenth
Amendment) Act, 2003 (P.O. No. 3 of 2003), s. 10.
[204]
Article 270B as amended by the Legal Framework Order, 2002 (C. E’s. O. No. 24
of 2002), Article 3 and Schedule, to insert reference to the Conduct of General
Election Order, 2002.
[205]
Article 270C as inserted by the Legal Framework Order, 2002 (C. E’s. O. No. 24
of 2002), Article 3 and Schedule.
[206]
Article 271 shall, during the period of five years from October 27, 1973, have
effect as if,—
(a)
after clause (2) thereof, the following new clause was inserted, namely:—
(2A) A
person referred to in clause (2) shall resign one of his seats at any time on
or before the 10th day of November, 1973, and , if he does not so resign, the
seat to which he was elected first shall become vacant; and
(b) in
clause (3) thereof, after the words “election petition”, the words “or
otherwise” were inserted, see the Removal of Difficulties (Bar against Double
Membership) Order, 1973 (President’s Order No.22 of 1973).
[207]
Clause (1) and paragraph (a) as amended by the Constitution (Fourth Amendment)
Act, 1975 (P.O. No. 71 of 1975), s. 9, to insert into clause (1) the phrase,
“Article 63” and to insert subparagraph (ii) into paragraph (a).
[208]
Paragraph (b) as amended by the Constitution (Fourth Amendment) Act, 1975 (P.O.
No. 71 of 1975), s. 9, to insert a reference to clause (2A) of Article 51.
[209]
Article 272 as amended by the Constitution (First Amendment) Act, 1974 (P.O.
No. 33 of 1974), to insert “Constitution of” into the article title. The
article had, between June 9, 1973 and August 14, 1974, effect subject to the
following modifications made by the Election to the Senate Order, 1973:
In the
said Article, after clause (1), the following new clause shall be inserted,
namely:—
(2)
Until Parliament by law makes provision in that behalf, the President man, for
the purpose of the due constitution of, and election to, the Senate, by Order,
make provision of any of the matters referred to in—
(a)
paragraphs (d) and (e) of clause (1) of Article 63;
(b)
paragraphs (d), (e) and (f) of Article 222; and
(c)
Article 225.
[210]
Clause (1) as amended by the Constitution (Fourth Amendment) Act, 1975 (P.O.
No. 71 of 1975), s. 10, to insert a reference to Article 63.
[211]
Article 273 shall, during the five year period from October 27, 1973, have
effect as if, in clause (2), after the terms “elections petitions,” the words
“or otherwise” were inserted.
[212]Clause
(1) as amended by the Constitution (Fourth Amendment) Act, 1975 (P.O. No. 71 of
1975), s. 11, to insert a reference to Article 63.
[213]
Clause (1), paragraph (a) as amended by the Constitution (Fourth Amendment)
Act, 1975 (P.O. No. 71 of 1975), s. 11.
[214]
Paragraph (b) as amended by the Constitution (Fourth Amendment) Act, 1975 (P.O.
No. 71 of 1975), s. 11, to insert a reference Article 106.
[215]
Article 280 as amended, and shall be deemed always to have been so amended, by
the Constitution (Fifth Amendment) Act, 1976 (P.O. No. 62 of 1976), s. 17, to
insert the phrase, “and shall not be called in question in any Court on the
ground of inconsistency with any of the rights conferred by Chapter I of Part
II.”
[216]
Annex inserted by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.
14 of 1985), Article 2 and Schedule.
[217]
The First Schedule as amended by the Constitution (First Amendment) Act, 1974
(P.O. No. 33 of 1974), s. 17, and subsequently amended by the Constitution
(Fourth Amendment) Act, 1975 (P.O. No. 71 of 1975), s. 12.
[218]
Regulation inserted by the Constitution (Fifth Amendment) Act, 1976 (P.O. No.
62 of 1976), s. 18 (w.e.f. September 13, 1976).
[219]
Federal Acts in entries 3–5 inserted by the Constitution (Fifth Amendment) Act,
1976 (P.O. No. 62 of 1976), s. 18 (w.e.f. September 13, 1976).
[220]
Subheading VI and its ordinance inserted by the Constitution (Fifth Amendment)
Act, 1976 (P.O. No. 62 of 1976), s. 18 (w.e.f. September 13, 1976).
[221]
Second Schedule as amended by the Revival of the Constitution of 1973 Order,
1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[222]
Phrase, “May Allah Almighty help and guide me (A’meen),” inserted by the
Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article
2 and Schedule. All references herein where this phrase appears in the oaths of
this schedule, unless otherwise noted, are effected by the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule.
[223]
Title and text of oath as amended by the Revival of the Constitution of 1973
Order, 1985 (P.O. No. 14 of 1985), Article 2 and Schedule, to replace
“Chairman” with “Chief Justice” and “member” with “Judge.”
[224]
Oath inserted by the Constitution (Amendment) Order, 1980 (P.O. No. 1 of 1980),
Article 4.
[225]
Clause (49) as amended by the Constitution (Fifth Amendment) Act, 1976 (62 of
1976), s. 19 (w.e.f September 13, 1976),
[226]
Clause (3) as amended by the Constitution (Fifth Amendment) Act, 1976 (P.O. No.
62 of 1976), s. 19 (w.e.f. September 13, 1976), to replace “West Pakistan Water
and Power Development Authority and the West Pakistan Industrial Development
Corporation” with “Pakistan Water and Power Development Authority and the Pakistan
Industrial Development Corporation.”
[227]
Clause (41) as amended by the Constitution (Fifth Amendment) Act, 1976 (P.O.
No. 62 of 1976), s. 19 (w.e.f. September 13, 1976).
[228]
Clause (43A) as inserted by the Constitution (Fourth Amendment) Act, 1975 (P.O.
No. 71 of 1975), s. 13 (w.e.f. November 21, 1975).
[229]
The President determined the salaries of the Chief Justice of Pakistan and the
other Judges of the Supreme Court to be Rs. 55,000 and Rs. 52,000 respectively,
by the P.O. No. 2 of 2002, paragraph 2(1) (w.e.f. December 1, 2001), as
previously amended. Further, as determined by P. O. No. 2 of 1997 (w.e.f. July
27, 1991), upon retirement or resignation, they shall be entitled to the
minimum amount of pension equal to 70% to the Chief Justice of his salary, or a
Judge plus 5% of salary for each completed year of service either as Chief
Justice or Judge, not to exceed the maximum amount of pension equal to 85% of
the said salary.
[230]
Clause (1) as amended by the Constitution (Twelfth Amendment) Act, 1991 (P.O.
No. 14 of 1991), s. 3, to replace “Rs. 7,900” with “RS. 9, 900” and “Rs. 7,400”
with “Rs. 9,500), and to insert the President’s ability to determine a higher
salary.
[231]
Clause (3) as amended by the Constitution (Twelfth Amendment) Act, 1991 (P.O.
No. 14 of 1991), s. 3.
[232]
Clauses (4)–(6) inserted by P.O. 6 of 1985, Article 2 (w.e.f. July 1, 1981).
[233]
The President determined the salaries of the Chief Justice of High Court and
the other Judges of High Court to be Rs. 51,000 and Rs. 49,000 respectively, by
P.O. No. 2 of 2002, paragraph 2(2) (w.e.f. December 1, 2001), as previously
amended. Further, as determined by P.O. No. 3 of 1997 (w.e.f. July 27, 1991),
upon retirement or resignation, they shall be entitled to the minimum amount of
pension equal to 70% of the salary on the completion of 5 years service for
pension as Judge and an extra pension of 2% of such salary for each subsequent
completed year of service as Chief Justice or the Judge including his service
if any, not to exceed the maximum amount of pension equal to 80% of the said
salary.
[234]
Amended by the Constitution (Twelfth Amendment) Act, 1991 (P.O. No. 14 of
1991), s. 3, to replace “7,200” and “6,500” for “9,400” and “8,400”
respectively, and to insert the President’s ability to determine a higher
salary.
[235]
Clause (3) as amended by the Constitution (Twelfth Amendment) Act, 1991 (P.O.
No. 14 of 1991), s. 3.
[236]
Clauses (4)–(6) inserted by P.O. 6 of 1985, Article 2 (w.e.f. July 1, 1981).
[237]
Entries 25–35 inserted by the Legal Framework Order, 2002 (C. E’s. O. No. 24 of
2002), Article 3 and Schedule.
[238]
Seventh Schedule inserted by the Constitution (Eighth Amendment) Act, 1985
(P.O. No. 18 of 1985), s. 20.
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