CONSTITUTION
(SEVENTH AMENDMENT) ACT, 1977
An
Act further to amend the Constitution of the Islamic Republic of Pakistan
[Gazette of Pakistan, Extraordinary, Part I, 16th May, 1977]
The following Act of Parliament received the assent of the President on
16th May,1977, and is hereby published for general information:-
Whereas
it is expedient further to amend the Constitution of the Islamic Republic
of Pakistan for the purposes hereinafter appearing ;
It
is hereby enacted as follows:-
1.
Short
title, commencement and duration.
- (1)
This Act may be called the Constitution (Seventh Amendment) Act,1977.
- (2)
It shall come into force at once and section 4 shall be deemed to
have taken effect on the twenty-first day of April 1977.
- (3)
Section 2 shall cease to be in force on the thirteenth day of September,
1977.
-
-
2.
Insertion
of new Article 96-A, in the Constitution.
In the Constitution of the Islamic Republic of Pakistan , hereinafter
referred to as the Constitution, after Article 96, the following new Article
shall be inserted, namely :- "96-A
Referendum
as to confidence in Prime Minister.
-
- (1)
If at any time the Prime Minister considers it necessary to obtain
a vote of confidence of the people of Pakistan through a referendum,
he may advise the President to cause matter to be referred to a
referendum in accordance with law made by Parliament.
(2) The law referred to in clause ( 1) shall provide for the Constitution
of Referendum Commission and the manner and mode of holding a referendum.
(3) On receipt of the advice of the Prime Minister under clause
(1), the President shall call upon the Referendum Commission to
conduct a referendum amongst the persons whose names appear on the
electoral rolls for the immediately preceding general elections
to the National Assembly as revised up-to-date.
(4) Any dispute arising in connection with the counting of votes
at referendum shall be finally determined by the Referendum Commission
or a member thereof authorized by it and, save as aforesaid, no
dispute arising in connection with a referendum or the result thereof
shall be raised or permitted to be raised before any court or other
authority whatsoever.
(5) If, on the final count of the votes cast at the referendum,
the Prime Minister fails to secure majority of the total votes cast
in the matter of the confidence of the people of Pakistan, he shall
be deemed to have tendered his resignation with in the meaning of
Article 94.".
3.
Amendment
of Article 101 of the Constitution.
In the Constitution ,in Article 101, in clause (2-A), for the word, brackets,
letter and figures "an Order under paragraph ( c) of clause (2) of
Article 232 or a Proclamation under" the words and figure" a
Proclamation under article 232 or" shall be substituted.
4.
Amendment
of Article 245 of the Constitution.
In the Constitution Article 245 shall be renumbered as clause (1), of
that Article and, after clause (1) renumbered as aforesaid, the following
new clauses shall be added, namely;--
"(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 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."
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